Appendix  IV 


LEGISLATIVE  REFERENCE  BUREAUS 

Letter  from  the  Librarian  of  Congress  Transmitting 
Speciae  Report,  With  Text  of  Proposed  Biees 

Library  of  Congress 

Office  of  the  Librarian 

Washington,  April  6,  ign 

Mr.  President:  The  introduction,  at  the  second  session  of  the  Sixty- 
first  Congress,  of  several  bills  looking  to  the  establishment  of  a legislative 
reference  (and  bill  drafting)  bureau  at  Washington  indicates  an  in- 
terest in  the  subject  which  will  induce  discussion  and  perhaps  specific 
action.  The  accompanying  documents  are  submitted  as  contributing 
preliminary  information  which  may  be  of  service.  They  are: 

LEGISLATIVE  REFERENCE  WORK 

1.  Memorandum  as  to  the  functions  of  such  a bureau. 

2.  New  York  State:  Two  decades  of  Comparative  Legislation.  Ex- 
tract from  an  address.by  Dr.  Robert  H.  Whitten,  librarian  New  York 
Public  Service  Commission,  first  district,  at  joint  session  of  National 
Association  of  State  Libraries  and  American  Association  of  Law 
Libraries,  July,  1909. 

3.  Wisconsin:  Extract  from  a paper  by  Dr.  Charles  McCarthy  (read 
before  the  Portland  conference,  1905,  of  the  American  Library  Associa- 
tion) descriptive  of  such  functions  and  the  requirements,  based  par- 
ticularly upon  the  experience  in  Wisconsin. 

4.  Comparison  of  New  York  and  Wisconsin  plans  for  legislative 
reference  work.  Extract  from  an  address  by  Mr.  Johnson  Brigham, 
State  librarian  of  Iowa,  before  the  National  Association  of  State 
Libraries,  May,  1907. 

5.  Compilation  of  laws  establishing  legislative  reference  bureaus  in 
various  States. 

6.  Legislative  reference  bulletins  published  in  the  various  States. 

7.  Subjects  treated  in  the  reference  lists  issued  by  the  Library  of 
Congress. 

INDEXES  AND  COMPILATIONS  OF  LAW 

8.  Extract  from  Librarian’s  letter  of  estimates  of  October  6,  1902, 
and  a communication  to  the  subcommittee  on  appropriations,  De- 
cember 3,  1902,  with  reference  to  a permanent  corps  for  such  a purpose. 

9.  Memorandum  prepared  in  1907  by  Dr.  George  W.  Scott,  law 

librarian  of  the  Library  of  Congress,  on  statutory  law  service.  [The 

ioo55° —8 9 *  11 13  (183) 


184  Report  of  the  Librarian  of  Congress 

• 

work  of  preparing  an  index  to  the  Statutes  at  Large,  since  completed 
by  the  issue  of  the  second  volume  in  January,  1911,  was  then  in  opera- 
tion at  the  law  library,  under  appropriation  by  Congress.  The  memo- 
randum proposed  that  the  corps  of  experts  organized  for  this  purpose 
should  be  continued  and  enlarged  as  a permanent  corps  for  the  prepara- 
tion of  other  indexes,  digests,  and  compilations  of  law.] 

BILL  DRAFTING 

10.  Extract  from  an  address  by  Hon.  James  Bryce  (British  ambas- 
sador) before  the  New  York  State  Bar  Association,  January  24,  1908. 

11.  Extract  from  F.  J.  Stimson’s  “Popular  Law-making,”  1910, 
entitled  “The  need  of  parliamentary  draftsmen.” 

12.  Extract  from  Recommendation  of  a Committee  of  the  American 
Bar  Association  (headed  by  Judge  Baldwin),  “On  improving  methods 
of  legislation,”  proposing  (for  each  State  and  the  United  States)  a 
“joint  standing  committee  (of  the  legislative  body)  for  the  revision 
of  bills,”  with  power  to  employ  experts. 

13.  Extract  from  Dr.  Paul  S.  Reinsch  “American  legislatures  and 
legislative  methods,”  1907. 

14.  Statutes  and  rules  relating  to  bill  drafting — New  York  and 
Connecticut. 

15.  Extracts  from  the  messages  of  the  governors  of  Connecticut; 
1907,  Gov.  Woodruff;  1909,  Gov.  Lilley;  1911,  Gov.  Baldwin. 

16.  Bill  drafting  in  Great  Britain  and  the  British  colonies.  Extracts 
from  “ Legislative  methods  and  forms,”  by  Sir  Courtenay  Ilbert,  1901, 
and  from  the  Journal  of  the  Society  of  Comparative  Legislation,  volumes 
1-2,  and  new  series,  volumes  1-2. 

STATISTICS 

17.  Bills  and  joint  resolutions  introduced  in  Congress  and  laws 
passed  (56th  to  61st  Congresses,  inclusive).  State  and  Federal  Legisla- 
tion, 1906-7  and  1907-8. 

BILLS  INTRODUCED  IN  THE  SIXTY-FIRST  CONGRESS 

18.  Proposals  for  a national  bureau:  Bills  introduced  at  the  second 
session,  Sixty-first  Congress,  also  amendment  to  the  sundry  civil  bill 
adopted  in  the  Senate,  but  not  included  in  the  bill  as  enacted. 

General  considerations . — The  main  object  is  the  improvement  of 
legislation.  The  means  proposed  are — 

1.  Improvement  in  substance  by  the  assurance  of  adequate  data. 

2.  Improvement  in  form  through  the  employment  of  experts  con- 
sidering form  alone. 

The  data. — In  so  far  as  these  consist  of  printed  literature  in  its  regular 
forms,  they  are  already  available  to  Congress  in  the  Library  of  Con- 
gress, its  collections  (of  statutes,  decisions,  commentaries,  and  the 
miscellaneous  literature  of  statistic,  theory,  and  discussion)  being 
already  one  of  the  largest  in  the  world,  and  undergoing  improvement 
without  stint. 


' 15HU 


Legislative  Reference  Bureaus  185 

All  of  the  above  is  classified,  catalogued,  and  made  to  respond  to 
any  particular  query,  whether  from  Congress  as  a whole  or  any  com- 
mittee  of  Congress  or  any  individual  Member.  Lists  of  references 
i to  the  material  (whether  document,  monograph,  society  publication, 
or  periodical)  bearing  upon  particular  topics  under  discussion  in 
Congress — exactly  such  lists  as  are  issued  by  certain  State  legislative 
reference  bureaus — are  issued  by  the  Library  of  Congress  (for  examples 
see  Appendix  No.  7).  Other  such  lists  exist  in  typewritten  form  and 
are  freely  supplied  upon  request.  A request,  whether  from  Congress, 
or  a committee,  or  a Member  for  similar  references  to  topics  not  so 
broadly  treated,  is  always  met  by  the  Library  within  its  abilities. 
The  staff  of  the  Library  includes  men  highly  expert  in  the  preparation 
of  such  lists,  so  far  as  this  is  within  the  scope  of  bibliography  proper  or 
research  work  of  a bibliographic  nature. 

A legislative  reference  bureau  goes  further.  It  undertakes  not 
merely  to  classify  and  to  catalogue,  but  to  draw  off  from  a general 
collection  the  literature — that  is,  the  data — bearing  upon  a particular 
legislative  project.  It  indexes,  extracts,  compiles.  It  acquires  extra 
copies  of  society  publications  and  periodicals  and  breaks  these  up 
for  the  sake  of  the  articles  pertinent  to  a particular  subject.  It  clips 
from  newspapers;  and  it  classifies  the  extracts,  the  compilations,  the 
articles,  and  the  clippings  in  scrapbook,  or  portfolio,  or  vertical  file, 
in  such  a way  that  all  material  relating  to  that  topic  is  kept  together 
and  can  be  drawn  forth  at  a moment’s  notice.  To  printed  literature  it 
often  adds  written  memoranda  as  to  fact  and  even  opinion  as  to  merit, 
which  it  secures  by  correspondence  with  experts. 

The  above  work,  which  organizes  and  concentrates  all  the  data 
pertinent  to  a question  in  such  form  as  to  be  readily  responsive,  is 
beyond  the  abilities  of  the  Library  with  its  present  organization. 
The  Library  would  gladly  undertake  it;  it  could  undertake  it  without 
additional  appropriation  for  the  material  itself,  so  far  as  this  is  in 
printed  form;  but  it  would  require  for  it  an  enlargement  of  its  present 
Divisions  of  Law,  Documents,  and  Bibliography,  and  in  addition  the 
creation  of  a new  division  under  the  title  of  a Legislative  or  Con- 
gressional Reference  Division. 

Indexes,  digests,  and  compilations  of  law. As  to  the  utility  of  such, 
and  the  qualifications  requisite,  I have  no  reason  to  modify  the  opin- 
ions submitted  with  my  estimates  of  1902.  The  ensuing  experience 
with  the  index  to  the  Statutes  at  Large  but  confirms  the  opinion  that 
the  work  of  indexing  the  statutes,  even  the  Federal  statutes  of  this 
country,  requires  scientific  treatment  by  a corps  of  experts  with  a sub- 
stantial general  education,  legal  training,  and  experience  in  this  class 
of  work,  and  selected  with  regard  solely  to  these  qualifications.  It 
confirms  also  the  expectation  that  where  the  Library  was  charged 
with  such  a task  the  men  would  be  so  selected  and  the  work  would  be 
scientifically  accomplished. 

Such  a corps  once  organized  and  experienced,  the  economy  of  con- 
tinuing it  as  a permanent  bureau  is  obvious,  as,  on  the  other  hand,  is 
the  extravagance  of  dispersing  it.  The  corps  which  handled  this  par- 


1 86  Report  of  the  Librarian  of  Congress 

ticular  work  on  the  Federal  Statutes  would  not  of  course  be  sufficiently 
large,  or  contain  the  varied  accomplishments  requisite  for  indexes, 
digests,  and  compilations  of  the  various  material  of  concern  to  Congress 
and  to  the  Federal  authorities;  especially  would  it  be  lacking  in 
experts  qualified  to  deal  with  the  legislation  of  foreign  countries  (the 
interest  of  which  is  of  relatively  small  concern  to  State  legislators,  but 
is  of  increasing  concern  to  Congress).  The  organization  suggested  in 
my  estimates  of  1902  might  be  suitable  as  a beginning;  the  salaries 
would,  however,  be  altogether  too  small.  The  conduct  of  the  work  in 
particular  should  require  a salary  of  $5,000. 

Bill  drafting. — The  drafting  of  bills,  or  the  revision  with  reference  to 
form  of  bills  drafted  and  otherwise  ready  for  enactment,  certainly 
requires  experts  educated  to  an  accurate  use  of  the  English  language, 
trained  in  the  law,  competent  to  ascertain  and  compare  precedent 
legislation,  and,  so  far  as  practicable,  exactly  familiar  with  this.  (See 
various  appendixes,  including  the  memorandum  of  our  law  librarian, 
1907).  The  familiarity  with  antecedent  and  comparative  legislation 
gained  through  the  indexing,  digesting,  and  compiling  of  it,  would 
doubtless  be  a valuable  auxiliary  qualification  in  any  bill  drafter. 
It  can  not,  however,  be  said  that  for  the  drafting  of  bills  the  current 
association  with  such  other  work  is  indispensable.  The  bill  drafter 
should  have  its  results  at  hand;  should  be  expert  in  the  use  of  them; 
but  he  need  not  necessarily  himself  have  produced  these  results  in 
order  to  utilize  them  properly. 

Assuming  therefore  that  the  work  of  a legislative  reference  bureau 
(in  addition  to  that  part  of  it  which  is  already  being  undertaken  here), 
should  be  undertaken  by  the  Library  of  Congress,  and  that  the  work  of 
indexing,  digesting,  and  compiling  laws  should  be  part  of  it,  it  does 
not  necessarily  follow  that  the  drafting  or  revision  of  the  bills  them- 
selves should  be  associated  with  it.  That  Congress  should  employ  a 
corps  of  bill  drafters  is  obvious;  that  these  should  be  experts,  and  non- 
partisan, whose  purpose  would  be  purely  scientific,  is  equally  obvious; 
but  these  considerations  ought  not  to  imply  that  the  qualifications 
could  be  secured  only  by  the  selection  and  maintenance  of  a corps 
outside  of  the  legislative  establishment.  Congress  might  well  prefer 
otherwise;  and  there  seems  no  necessary  obstacle  to  the  creation  of  a 
corps  of  experts  as  part  of  the  organization  of  Senate  and  House,  pro- 
vided Congress  itself  really  desires  that  the  sole  considerations  in  the 
selection  of  the  men  shall  be  those  above  noted. 

Wherever  the  work  is  to  be  placed,  the  provision  for  it  should  be 
ample.  Its  efficiency  will  depend  not  upon  a large  number  of  routine 
workers,  but  upon  the  high  qualifications  of  a few.  No  expert  ade- 
quate to  such  a task  could  be  secured  for  less  than  a salary  of  $5,000, 
and  at  least  four  or  five  experts  of  this  grade  should  be  requisite,  aided 
by  an  auxiliary  corps  of  clerks,  stenographers,  etc. 

Even  then  it  is  clear  that  the  service  of  such  experts  should  not  be 
dissipated  needlessly.  To  invoke  them  at  the  initial  stage  of  every 
bill  introduced  would  be  extravagant,  and  cast  upon  the  corps  an 
overwhelming  burden  (this  will  appear  upon  consideration  of  the  num- 


Legislative  Reference  Bureaus  1S7 

ber  of  bills  introduced  into  a single  Congress — during  the  Sixty-first, 
for  instance,  some  44,000).  The  drafters  should  be  at  the  disposal  of 
any  committee  considering  or  proposing  to  report  a bill.  Beyond  this 
they  ought  not  to  be  called  upon,  unless  in  connection  with  some 
projected  bill  of  interest  to  a considerable  group. 

The  organization  requisite  to  a congressional  (legislative)  reference 
bureau  will  therefore  depend  upon  the  functions  proposed  for  such  a 
bureau,  whether  (1)  merely  the  acquisition  of  the  data,  the  organiza- 
tion of  these  to  respond  to  the  legislative  need,  and  the  aid  to  their 
use;  or  in  addition  to  this,  (2)  the  preparation  of  indexes,  digests,  and 
compilations  of  law  not  having  directly  such  ends  in  view;  or  in  addi- 
tion to  both  the  above,  (3)  the  drafting  and  revision  of  bills. 

In  any  case  it  must  be  emphasized — 

1.  That  the  organization  must  be  elaborate  beyond  that  provided  by 
any  State,  since  the  subjects  to  be  dealt  with  are  far  wider  in  scope, 
the  material  more  remote,  more  complex,  and  more  difficult,  and  the 
precedents  less  available. 

2.  That  (the  field  being  unique)  the  needs  (in  the  way  of  organiza- 
tion) can  be  ascertained  only  by  experiment.  The  first  appropriation 
should  be,  therefore,  a "lump  sum.” 

3.  That  for  the  work  to  be  scientific  (i.  e.,  having  only  truth  as  its 
object)  it  must  be  strictly  nonpartisan;  and  that,  therefore,  whatever 
the  appointing  or  administrative  authority,  the  selection  of  the  experts 
and  the  direction  of  the  work  should  by  law  and  in  fact  be  assuredly 
nonpartisan. 

Respectfully  submitted 

Herbert  Putnam 
Librarian  of  Congress 

The  President  op  the  Senate 

legislative  reference  work 

Exhibit  i. — Functions  op  a Legislative  Reference  Bureau 

The  work  of  a legislative  reference  bureau  may  include  any  or  all 
of  the  following  kinds  of  service,  ranging  from  library  work  proper  to 
that  which  is  purely  legislative.  Intermediate  between  these  extremes 
are  certain  classes  of  work  which  are  special  extensions  of  the  ordinary 
activities  of  a legislative  library,  of  direct  and  immediate  importance 
for  legislation. 

1.  Library  Work  Proper  (already  provided  for  at  the  Library  of 
Congress) : 

(a)  Acquisition  of  the  literature. — This  is  being  undertaken  at 
the  Library  of  Congress  to  an  extent  probably  unparal- 
leled elsewhere,  the  collections  of  the  Library  (in  stat- » 
utes,  reports,  commentaries,  and  miscellaneous  literature, 
and  in  the  published  indexes,  digests,  and  compilations 
auxiliary  to  the  use  of  these)  being  probably  the  largest 
extant  and  improved  by  incessant  effort. 


i 88  Report  of  the  Librarian  of  Congress 

( b ) Reference  work. — Selection  of  suitable  material  from  the  gen- 

eral collections  to  meet  the  demands  of  an  individual  leg- 
islator, with  the  aid  of  the  subject  catalogue  of  the  Library 
and  general  reference  works  or  from  the  reference  libra- 
rian’s personal  knowledge  of  the  subject. 

(c)  Bibliographic  work. — Preparation  of  special  lists  of  refer- 

ences on  subjects  of  current  interest  to  the  legislator,  with 
such  critical  and  analytical  notes  as  can  readily  be  made, 
involving  search  for  titles  in  printed  catalogues  of  various 
libraries,  bibliographies,  indexes  to  periodicals,  etc.,  and 
acquisition  of  publications  of  importance  found  to  be 
wanting. 

2.  Indexes,  Compilations,  and  Digests  oe  Laws,  etc.  (index  to  the 

general  laws  in  the  Federal  statutes  up  to  1907  completed  and 
published  by  the  Library  of  Congress). 

(a)  Indexes. — Detailed  indexing  of  statutes,  court  reports,  Gov- 

ernment documents,  etc.,  of  this  and  other  countries  to 
locate  exactly  by  volume  and  page  the  text  of  laws  on 
special  subjects,  decisions  of  the  courts  interpreting  them, 
administrative  regulations,  and  statistical  or  other  infor- 
mation showing  the  results  of  their  operation,  to  enable 
comparison  to  be  made  between  the  laws  of  various  coun- 
tries. 

An  appropriation  of  $28,000  to  enable  the  Library  of  Con- 
gress to  prepare  an  index  of  comparative  legislation  was 
asked  for  in  1902  and  succeeding  years,  but  not  granted. 

(b)  Compilations  and  digests. — Compiling  (and  translating  when 

necessary)  from  printed  official  sources,  with  the  aid  of 
the  above  index,  exact  legal,  political,  and  economic 
information  on  subjects  of  current  legislation,  and  digest- 
ing the  same  in  legislative  reference  bulletins  for  imme- 
diate use  in  drafting  bills,  and  to  enable  the  legislator  to 
judge  of  the  merits  of  proposed  laws  without  elaborate 
research. 

The  Wisconsin  comparative  legislation  bulletins  may  be 
cited  as  examples. 

3.  Special  Collections. 

(a)  T estimony  of  experts. — Collection  of  the  opinions  of  specialists 

on  subjects  of  current  legislation  or  on  a particular  bill  for 
the  use  of  the  committee  to  which  it  has  been  referred. 

( b ) Press  opinions , magazine  articles , etc. — Collection  of  news- 

paper clippings,  articles  in  magazines,  etc.,  to  show  the 
state  of  public  opinion  in  regard  to  projected  legislation, 
and  arrangement  of  the  material  in  convenient  files  for 
ready  reference  during  the  discussions  in  the  legislature. 


Legislative  Reference  Bureaus  189 

4.  Legislative  Work. 

(а)  Bill  drafting. — Utilization  of  all  of  the  resources  of  the  bu- 

reau to  draft  bills  or  amendments  in  accordance  with 
definite  instructions  furnished  by  a committee,  a group  of 
members,  or,  possibly,  the  Executive,  involving  a study 
of  the  existing  law  as  interpreted  by  the  courts,  legisla- 
tion for  similar  purposes  in  other  countries,  and  the 
probable  effect  of  the  proposed  enactment. 

(б)  Explanatory  memoranda. — Preparation  of  synopses  of  bills 

and  brief  notes  explanatory  of  their  provisions. 


Exhibit  2. — New  York  State 

TWO  DECADES  OR  COMPARATIVE  LEGISLATION 

[Extract  from  address  by  Dr.  Robert  H.  Whitten,  librarian  New  York  Public  Service 
Commission,  first  district,  at  joint  session  of  National  Association  of  State  Libraries 
and  American  Association  of  Law  Libraries,  July,  1909.  In  A.  L.  A.  Bulletin,  vol. 
3,  no.  5,  p.  296-29S.] 

When  in  1890  Melvil  Dewey  initiated  the  legislative  reference  move- 
ment by  appointing  a legislative  librarian  in  the  New  York  State 
library,  he  started  a movement  that  has  been  most  fruitful  for  the 
study  of  comparative  legislation.  In  drafting  a new  law  there  is  no 
more  profitable  study  than  an  investigation  of  the  laws  and  experience 
of  other  States  and  countries.  Almost  the  first  question  asked  in  rela- 
tion to  a proposed  enactment  is  as  to  whether  the  same  law  is  already 
in  force  in  any  other  State.  It  was  natural,  therefore,  that  an  index  to 
the  current  laws  of  the  various  States  should  be  one  of  the  first  tasks  of 
the  legislative  librarian,  in  order  that  he  might  serve  most  efficiently 
the  needs  of  the  legislature. 

The  comparative  summary  and  index  of  State  legislation,  thus  begun 
in  1890,  at  the  New  York  State  Library,  has  been  continued  now  for 
almost  20  years.  The  work  was  first  undertaken  and  the  index  started 
by  W.  B.  Shaw,  now  one  of  the  editors  of  the  American  Monthly  Re- 
view of  Reviews.  It  was  later  taken  up  and  developed  by  E.  Dana 
Durand,  now  director  of  the  United  States  Census.  Following  Mr. 
Durand,  I had  the  opportunity  of  continuing  the  work  so  well  begun, 
for  nine  years,  from  1898  to  1907,  and  it  has  since  been  continued,  as 
you  know,  by  Mr.  Bramhall  and  Mr.  Lester.  In  1901  the  scope  of  the 
work  was  materially  broadened  and  its  usefulness  greatly  increased,  I 
think,  by  the  addition  of  the  annual  review  of  legislation.  In  this 
review  competent  specialists  review  the  legislation  of  the  year,  thus 
placing  the  new  law  in  its  relation  to  previous  laws  in  the  same  or  other 
States  and  subjecting  it  to  careful  evaluation  and  criticism. 

***** 

While  we  have  the  very  highest  conception  of  the  legislative  refer- 
ence bureau  and  its  work  in  comparative  legislation,  we  realize  that 
there  are  other  very  important  factors  necessary  for  the  production  of 


190  Report  of  the  Librarian  of  Congress 

efficient  legislation.  The  legislative  reference  bureau  will  supply  the 
systematic  collection  of  information.  It  will  collect  and  collate  much 
of  the  information  that  will  be  needed  in  the  scientific  investigation  of 
legislative  problems. 

In  addition  to  a bureau  for  the  collection  and  collation  of  information 
it  is  desirable  that  each  proposed  bill  should  be  drafted  or  revised  by 
expert  draftsmen.  This  work  in  some  States  is  being  performed  by 
official  draftsmen,  appointed  by  the  legislature.  In  other  States  it  is 
being  taken  up  by  the  legislative  reference  bureaus.  My  own  opinion 
is  that  the  legislative  reference  bureau  should  proceed  cautiously  in  this 
matter.  While  it  is  highly  desirable  that  it  should  aid  in  the  construc- 
tive work  necessary  for  the  elaboration  of  an  important  project  of  law, 
there  is  some  danger  that  its  time  may  be  so  taken  up  with  the  formal 
drafting  and  copying  of  innumerable  petty  bills  that  it  will  have  insuffi- 
cient time  for  the  more  important  constructive  work. 

In  addition  to  the  legislative  reference  bureau  and  the  bill-drafting 
work,  it  seems  to  me  that  for  efficient  legislation  there  must  be  in  each 
State  a State  bureau  of  statistics  with  skilled  accountants  and  statis- 
ticians continually  at  work  collecting  facts  essential  to  intelligent  legis- 
lation. There  are  numerous  statistical  facts  that  should  be  known 
in  order  to  judge  intelligently  concerning  the  need  of  this  or  that  pro- 
posed legislation.  There  are  numerous  statistical  facts  that  should 
be  currently  reported  and  tabulated  in  order  to  judge  as  to  what  has 
been  the  actual  effect  and  value  of  a given  regulation  or  expenditure. 
It  should  be  the  business  of  the  bureau  of  statistics  to  supply  this 
knowledge. 

But  in  addition  to  the  legislative  reference  bureau,  the  official  drafts- 
man, and  the  bureau  of  statistics,  in  order  that  we  may  have  efficient 
legislation,  it  is  necessary  that  the  special  knowledge  of  the  expert 
should  be  freely  used.  For  the  construction  of  a house  we  employ  an 
architect,  for  the  building  of  a bridge  we  employ  an  engineer,  but  for 
the  elaboration  of  an  intricate  and  technical  statute  no  expert  knowl- 
edge is  deemed  essential.  This  is  the  height  of  stupidity.  Legisla- 
tive committees  should  employ  experts  of  all  kinds — engineers,  econo- 
mists, accountants,  physicians,  actuaries,  and  in  fact  specialists  of 
every  class  who  are  capable  of  disinterested  scientific  investigation. 

With  the  development  of  a more  efficient  State  administration  the 
legislature  will  naturally  look  to  the  highly  trained  experts  employed 
in  the  various  departments  to  make  the  necessary  scientific  investiga- 
tions for  many  of  the  proposed  laws.  As  the  State  service  becomes  more 
permanent,  as  its  importance  increases  with  the  complex  duties  of  su- 
pervision and  regulation,  the  number  of  highly  trained  men  in  the 
various  departments  increases. 


Legislative  Reference  Bureaus  19 1 

Exhibit  3. — Wisconsin 

[Extract  from  a paper  on  Wisconsin’s  legislative  reference  department,  by  Dr.  Charles 

McCarthy.  A.  L.  A.  Papers  and  Proceedings,  Portland  Conference,  1905,  pp  244-245.] 

In  answer  to  constant  inquiries,  I have  compiled  some  essentials  for 
work  in  helping  the  cause  of  good  legislation,  similar  to  the  work  done 
by  our  department  here. 

1.  The  first  essential  is  a selected  library  convenient  to  the  legislative 
halls.  This  library  should  consist  of  well-chosen  and  selected  material. 
A large  library  is  apt  to  fail  because  of  its  too  general  nature  and  because 
it  is  liable  to  become  cumbersome.  This  library  should  be  a depository 
for  documents  of  all  descriptions  relating  to  any  phase  of  legislation 
from  all  States,  Federal  Government,  and  particularly  from  foreign 
countries  like  England,  Australia,  France,  Germany,  and  Canada.  It 
should  be  a place  where  one  can  get  a law  upon  any  subject  or  a case 
upon  any  law  very  quickly.  It  is  very  convenient  to  have  this  room 
near  to  a good  law  library.  Books  are  generally  behind  the  times,  and 
newspaper  clippings  from  all  over  the  country  and  magazine  articles, 
court  briefs,  and  letters  must  supplement  this  library  and  compose  to  a 
large  extent  its  material. 

2.  A trained  librarian  and  indexer  is  absolutely  essential.  The 
material  is  largely  scrappy  and  hard  to  classify.  We  need  a person 
with  a liberal  education,  who  is  original,  not  stiff,  who  can  meet  an 
emergency  of  all  cases,  and  who  is  tactful  as  well. 

3.  The  material  is  arranged  so  that  it  is  compact  and  accessible. 
Do  not  be  afraid  to  tear  up  books,  documents,  pamphlets,  clippings, 
letters,  manuscripts,  or  other  material.  Minutely  index  this  material. 
Put  it  under  the  subjects.  Legislators  have  no  time  to  read  large  books. 
We  have  no  time  to  hunt  up  many  references  in  different  parts  of  a 
library.  They  should  be  together  as  far  as  possible  upon  every  subject 
of  legislative  importance. 

4.  Complete  index  of  all  bills  which  have  not  become  laws  in  the 
past  should  be  kept.  This  saves  the  drawing  of  new  bills  and  makes 
the  experience  of  the  past  cumulative. 

5.  Records  of  vetoes,  special  messages,  political  platforms,  political 
literature,  and  other  handy  matter  should  be  carefully  noted  and 
arranged.  Our  legislator  often  wants  to  get  a bill  through  and  we  must 
remember  that  he  often  relies  as  much  upon  political  or  unscientific 
arguments  as  we  do  upon  scientific  work.  He  should  be  able  to  get 
hold  of  his  political  arguments  if  he  wants  to,  and  the  political  litera- 
ture from  all  parties  upon  all  questions  should  be  kept  near  at  hand. 

6.  Digests  of  laws  on  every  subject  before  the  legislature  should  be 
made  and  many  copies  kept.  Leading  cases  on  all  these  laws  and 
opinions  of  public  men  and  experts  upon  the  working  of  these  laws 
or  upon  the  defects,  technical  or  otherwise,  should  be  carefully  in- 
dexed and  as  far  as  possible  published  in  pamphlet  form,  with  short 
bibliographies  of  the  subjects  most  before  the  people. 

7.  The  department  must  be  entirely  nonpolitical  and  nonpartisan 
or  else  it  will  be  worse  than  useless.  If  you  have  the  choice  between 


192  Report  of  the  Librarian  of  Congress 

establishing  a political  department  and  no  department  at  all  take  the 
latter. 

8.  The  head  of  the  department  should  be  trained  in  economics, 
0 political  science,  and  social  science  in  general,  and  should  have  also 

a good  knowledge  of  constitutional  law.  He  should,  above  all,  have 
tact  and  knowledge  of  human  nature. 

9.  There  should  be  a trained  draftsman  connected  with  the  depart- 
ment— a man  who  is  a good  lawyer  and  something  more  than  a lawyer, 
a man  who  has  studied  legislative  forms,  who  can  draw  a bill,  revise  a 
statute,  and  amend  a bill  when  called  upon  to  do  so.  Such  a man 
working  right  with  this  department  and  the  critical  data  which  it  con- 
tains will  be  absolutely  essential. 

10.  Methods. — (a)  Go  right  to  the  legislator,  make  yourself  acquainted 
with  him,  study  him,  find  anything  he  wants  for  him,  never  mind  how 
trivial,  accommodate  him  in  every  way.  Advertise  your  department. 
Let  everyone  know  where  it  is  and  what  it  does.  Go  to  the  committees 
and  tell  them  what  you  can  do  for  them.  ( b ) It  is  absolutely  essential 
that  you  get  information  ahead  of  time  or  else  you  will  be  of  no  use  in 
the  rush.  Send  a circular  letter  out  to  your  legislators  and  tell  them 
you  will  get  any  material  which  will  help  them  in  their  work  before 
the  session  is  over.  The  following  is  a sample  of  such  a circular  sent 
out  by  this  department : 

Madison,  Wis.,  November  20,  1904. 

Dear  Sir:  The  Wisconsin  Legislature  of  1901  authorized  the 
Wisconsin  Free  Library  Commission  to  conduct  a legislative  refer- 
ence room,  and  to  gather  and  index  for  the  use  of  members  of  the 
legislature  and  the  executive  officers  of  the  State  such  books, 
reports,  bills,  documents,  and  other  material  from  this  and  other 
States  as  would  aid  them  in  their  official  duties. 

The  Legislative  Reference  Library  was  entirely  destroyed  by 
the  fire,  but  much  of  value  to  the  student  of  State  affairs  has  been 
collected.  We  desire  to  make  such  material  of  the  utmost  use  and 
wish  you  to  call  upon  us  for  any  aid  we  can  give  in  your  legislative 
duties. 

If  you  will  inform  us  of  any  subjects  you  wish  to  investigate,  as 
far  as  we  have  the  material,  time,  and  means,  we  will  tell  you. 

1.  What  States  have  passed  laws  on  any  particular  subject. 

2.  Where  bills  for  similar  laws  are  under  discussion. 

3.  What  bills  on  any  subject  have  been  recently  introduced  in 
our  legislature. 

4.  Where  valuable  discussions  of  any  subject  may  be  obtained. 

As  far  as  possible,  with  our  limited  force  and  means,  we  will 

send  you  abstracts  of  useful  material  and  answer  any  questions  per- 
taining to  legislative  matters. 

It  is  not  our  province  to  convince  members  of  the  legislature 
upon  disputed  points.  We  shall  simply  aid  them  to  get  material 
to  study  subjects  in  which  they  are  interested  as  public  officials. 

Make  your  questions  definite.  Our  work  is  entirely  free,  non- 
partisan, and  nonpolitical,  and  entirely  confidential. 

The  replies  to  such  a circular  give  you  an  idea  of  what  is  coming. 
Work  for  all  you  are  worth  on  those  topics,  send  out  thousands  of  cir- 
cular letters  to  experts  on  these  topics,  subscribe  to  clipping  bureaus 
if  necessary  to  secure  critical  data  from  the  public  at  large.  Gather 
statistics  ahead.  Carefully  search  books  for  significant  and  concise 


Legislative  Reference  Bureaus  193 

statements;  if  to  the  point,  copy  out  or  tear  them  out  and  index  them. 
Go  through  the  court  reports  and  get  the  best  opinions.  ( c ) Get  hold 
of  libraries  or  individuals  or  professors  in  other  States  with  whom  you 
can  correspond.  Speed  in  getting  things  to  a committee  or  an  indi- 
vidual is  absolutely  necessary.  Do  not  fail  to  use  the  telegraph.  Get 
material,  facts,  data,  etc.,  and  get  it  quickly  and  get  it  to  the  point, 
boil  down,  and  digest.  I can  say  again  the  legislator  does  not  know 
much  about  technical  terms;  avoid  them;  make  things  simple  and  clear. 
( d ) Employ,  if  you  can,  during  the  session  a good  statistician.  He  can 
be  of  great  service  in  dealing  with  financial  bills,  in  estimating  acci- 
dents from  machinery,  or  in  gathering  statistical  data  of  any  kind.  He 
should  be  a man  who  can  work  rapidly  and  accurately  and  work  to 
the  point.  Throughout  all  of  this  work  it  is  absolutely  necessary  to 
get  all  material  absolutely  upon  the  points  at  issue.  ( e ) Make  arrange- 
ments with  all  libraries  in  your  city  and  libraries  elsewhere  for  the 
loan  of  books  or  other  material.  You  should  have  every  sort  of  an 
index  in  your  library  as  well  as  catalogues  of  any  of  the  libraries  with 
which  you  are  corresponding.  (/)  A correspondent  clerk  and  some 
helper  to  paste  clippings,  mount  letters,  etc.,  are  necessary,  especially 
during  the  legislative  session.  ( g ) Keep  your  place  open  from  early 
in  the  morning  till  late  at  night.  Do  everything  in  your  power  to 
accommodate  those  for  whom  you  work. 

In  Wisconsin  the  work  is  divided  into  three  main  divisions:  (1)  The 
“comparative,”  which  included  the  gathering  of  laws  and  cases  from 
all  over  the  world  upon  the  legislative  subjects;  (2)  the  “critical,” 
which  is  especially  charged  with  the  duty  of  gathering  critical  data 
upon  the  working  of  laws;  and  (3)  the  “constructive,”  for  the  purpose 
of  assisting  in  the  work  of  drafting  legislation  with  evidence  already 
mentioned  at  hand  for  reference. — (Wisconsin  Free  Library  Commis- 
sion, circular  of  information  No.  6 (2d  ed),  p.  10)  • 


Exhibit  4. — Comparison  of  New  York  and  Wisconsin  Plans  for  ^ 
Legislative  Reference  Work 

[Extract  from  address  by  Mr.  Johnson  Brigham,  State  librarian  of  Iowa,  before  the 
National  Association  of  State  Libraries,  May,  1907.  In  A.  L-  A.  Bulletin,  vol.  1, 
no.  4,  p.  200.] 

New  York  and  Wisconsin  are  the  acknowledged  pioneers  and  leaders 
in  legislative  reference  work.  While  each  has  the  same  general  end 
in  view,  namely,  assistance  to  legislators  and  legislative  committees 
and  improvement  in  the  quality  and  form  of  legislation,  there  is  an 
interesting  line  of  cleavage  between  the  one  and  the  other  which  we 
of  the  other  States  should  carefully  consider. 

The  legislative  reference  section  of  New  York’s  State  library  brings 
to  legislators  and  legislative  committees  all  available  information  bear- 
ing upon  proposed  legislation,  but  does  not  undertake  to  act  for  the 
legislator  or  the  legislative  committee  either  in  passing  upon  the  rel- 
ative value  of  the  information  given  or  in  the  drafting  of  bills  for 
legislative  action. 


194  Report  of  the  Librarian  of  Congress 

The  legislative  reference  department  of  Wisconsin’s  library  com- 
mission does  not  stop  here.  It  not  only  collects,  collates,  and  supplies 
all  needed  information,  but  it  also  passes  upon  the  relative  value  of  the 
same.  It  also  supplies  legislators  and  legislative  committees  with  briefs 
and  arguments  and,  on  request,  drafts  bills.  The  legislator  has  only  to 
press  the  button ; the  reference  librarian  and  his  assistants,  do  the  rest. 

In  New  York  every  incoming  legislature,  through  its  two  presiding 
officers,  appoints  a joint  commission  of  three  lawyers,  presumably 
experienced  in  law  and  legislation,  who  supervise  and,  when  requested, 
prepare  bills  for  legislators  and  committees,  this  commission  availing 
itself  of  all  information  at  the  command  of  the  legislative  reference 
section  of  the  State  library. 

In  Wisconsin  the  legislative  reference  department  serves  as  gatherer 
and  dispenser  of  information  and  as  an  expert  commission  in  drawing 
bills,  supplying  briefs,  etc.  Dr.  McCarthy’s  assistant,  Miss  Ono  M. 
Imhoff,  writes  me  that  at  the  time  of  drafting  bills  the  department  uses 
as  many  as  30  assistants,  many  of  whom,  however,  afford  only  steno- 
graphic help. 

In  the  opinion  of  Dr.  R.  H.  Whitten,  executive  head  of  the  Albany 
section,  the  activities  of  his  section  should  be  confined  within  the 
range  of  “library  work,”  interpreting  the  phrase  with  the  utmost 
liberality;  but,  in  his  judgment,  it  should  not,  even  indirectly,  under- 
take any  function  of  the  legislator,  such  as  the  final  passing  upon  the 
weight  of  authorities,  upon  the  relative  value  of  testimony,  upon  the 
wisdom  or  unwisdom  of  legislation  in  other  States  or  countries;  nor 
should  it  assume  the  responsibility  of  drafting  bills  which,  if  they 
become  law,  will  be  subject  to  future  interpretation  by  the  courts. 


Exhibit  5. — Compilation  of  Laws  Establishing  Legislative 
Reference  Bureaus  in  Various  States 

ALABAMA 

(General  acts  1907,  No.  255,  p.  318.) 

AN  ACT  To  enlarge  the  duties  of  the  department  of  archives  and  history. 

Be  it  enacted,  by  the  Legislature  of  Alabama,  That  in  addition  to  the 
duties  now  required  by  law,  the  department  of  archives  and  history 
shall  do  and  perform  the  following: 

* * * * * 

2.  It  shall  bring  together  and  arrange  for  ready  consultation  a ref- 
erence collection  of  materials  for  the  use  of  the  members  of  the  legis- 
lature, State  officers,  and  others  on  all  subjects  which  may,  from  time 
to  time,  be  deemed  of  public  interest  and  importance  to  the  people 
of  the  State. 

Approved,  March  5,  1907. 


• Legislative  Reference  Bureaus 


195 


INDIANA 

(Acts  1907,  ch.  147,  pp.  236-237.) 

A-N  ACT  To  create  a legislative  reference  department  in  the  State  library,  and  pre- 
scribe [prescribing]  its  duties,  providing  for  a legislative  reference  librarian  and 
assistants  in  such  departments,  and  making  an  appropriation  to  carry  out  the  pro- 
visions of  this  act,  and  declaring  an  emergency. 

Section  i.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Indiana, 
That  there  is  hereby  created  a legislative  reference  department  in  the 
State  library.  It  shall  be  the  duty  of  such  department  to  collect  for 
members  of  the  general  assembly  information  in.  regard  to  subjects  of 
legislation,  and  to  organize  and  arrange  such  material  so  that  it  may 
be  most  readily  used.  It  shall  obtain  and  furnish  to  members  of  the 
general  assembly,  or  other  officers  of  the  State  government,  any  data 
available  regarding  the  laws  of  this  and  other  States,  and  the  working 
and  results  of  such  laws  in  actual  practice,  together  with  references  to 
judicial  decisions  and  interpretation  upon  such  laws.  It  shall  collect 
and  make  available  such  current  information  upon  legislative  subjects 
as  will  make  all  data  upon  subjects  of  present  value.  It  shall  be  pre- 
pared to  furnish  to  members  of  the  general  assembly,  and  under  their 
instructions,  such  assistance  as  may  be  demanded  in  the  preparation 
and  formulation  of  legislative  bills. 

Sec.  2.  The  State  librarian,  by  and  with  the  advice  and  approval  of 
the  State  library  board,  shall  appoint  a legislative  reference  librarian, 
at  a salary  of  fifteen  hundred  dollars  per  year,  and  such  other  assistants 
as  may  be  necessary  to  effectively  carry  on  the  work  of  such  department. 

Sec.  3.  There  is  hereby  appropriated  for  the  payment  of  the  salaries 
of  such  legislative  reference  librarian  and  other  assistants,  and  of  the 
expenses  and  cost  of  supplies  and  publications  necessary  to  effectually 
carry  out  the  provisions  of  this  act,  the  sum  of  fifteen  hundred  dollars, 
to  be  available  on  April  1,  1907,  and  the  sum  of  four  thousand  dollars 
annually  thereafter. 

Sec.  4.  Whereas  an  emergency  exists  for  the  immediate  taking  effect 
of  this  act,  the  same  shall  be  in  force  from  and  after  its  passage. 
Approved,  March  9,  1907. 

MICHIGAN 

(Public  Acts,  1907,  No.  306,  pp.  405-406.) 

AN  ACT  To  provide  for  a legislative  reference  and  information  department  in  connec- 
tion with  the  State  library,  to  make  an  appropriation  therefor,  and  to  provide  a tax 
to  meet  the  same. 

The  people  of  the  State  of  Michigan  enact: 

Section  i.  There  is  hereby  created  and  shall  be  hereafter  maintained 
in  connection  with  the  State  library,  a department  to  be  known  as  the 
legislative  reference  and  information  department  for  the  use  and  infor- 
mation especially  of  members  of  the  senate  and  house  of  representa- 
tives, the  several  State  departments,  and  such  other  persons  as  may 
desire  to  consult  the  same.  It  shall  be  located  in  the  State  capitol  as 
conveniently  as  possible  for  members  of  the  senate  and  house  of  rep- 
resentatives. 


196  Report  of  the  Librarian  of  Congress 

Sec.  2.  The  State  librarian,  within  ten  days  after  this  act  snail  take 
effect,  shall  appoint  an  assistant,  who  shall  be  a person  trained  in  polit- 
ical economy  and  otherwise  fitted  to  perform  the  duties  of  this  office  as 
herein  defined,  who  shall  have  charge  of  said  department  under  the 
supervision  of  the  State  librarian  and  perform  the  duties  hereinafter 
prescribed.  He  shall  receive  an  annual  salary  of  fifteen  hundred  dollars, 
payable  in  the  same  manner  as  the  salaries  of  other  assistants  in  the 
State  library.  The  State  librarian  shall  also  appoint  some  suitable 
person,  trained  in  political  economy  and  of  known  capability  in  index- 
ing and  cataloging,  as  clerk,  who  shall  receive  an  annual  salary  of  ten 
hundred  dollars,  payable  in  the  same  manner  as  the  salaries  of  other 
assistants  in  the  State  library  are  paid. 

Sec.  3.  The  said  assistant  shall,  as  soon  as  possible,  make  available 
for  ready  reference  and  use,  suitable  indexes  to  all  such  information 
as  is  contained  in  the  various  public  documents  of  this  State  and  other 
States,  including  senate  and  house  documents  and  legislative  journals, 
and  shall  keep  a complete  file  of  all  bills  printed  by  order  of  either 
house  of  the  legislature.  He  shall  procure  and  compile  in  suitable  and 
convenient  form,  for  ready  reference  and  access,  information  as  to  pro- 
posed and  pending  legislation  in  other  States,  and  shall  also  investigate 
the  operation  and  effect  of  new  legislation  in  other  States  and  countries 
to  the  end  that  either  house  of  the  legislature  or  any  committee  or  mem- 
ber thereof  or  any  citizen  of  the  State  may  have  the  fullest  information 
thereon.  He  shall  also  give  such  advice  and  assistance  to  the  member 
[members]  of  the  legislature  as  they  may  require  in  the  preparation  of 
bills  and  resolutions,  and  shall  draft  bills  upon  such  subjects  as  they 
may  desire. 

SEC.  4.  At  the  close  of  each  session  of  the  legislature  the  secretary 
of  the  senate  and  the  clerk  of  the  house  shall,  at  his  request,  deliver  to 
the  said  assistant,  to  be  appropriately  filed  and  preserved,  such  copies 
of  bills  and  joint  resolutions  which  shall  not  have  been  passed  and  are 
still  remaining  in  their  hands,  also  all  important  petitions  and  memo- 
rials and  other  legislative  documents. 

Sec.  5.  The  board  of  State  auditors  shall  furnish,  on  the  requisition  of 
the  State  librarian,  all  such  cases  as  are  necessary  for  the  cataloging, 
indexing,  and  filing  of  the  materials  and  information  collected  by  said 
department,  and  all  other  supplies  of  said  department  shall  be  drawn 
by  the  State  librarian  in  the  manner  provided  by  law.  Such  printing 
and  binding  as  may  be  necessary  for  said  department  shall  be  done  as 
part  of  the  printing  and  binding  for  the  State. 

Sec.  6.  The  auditor  general  shall  add  to  and  incorporate  into  the 
State  tax  the  sum  of  two  thousand  five  hundred  dollars  annually,  and 
such  amount  is  hereby  appropriated  from  the  general  funds  of  the  State, 
which  said  sum  shall  be  included  in  the  State  taxes  apportioned  by  the 
auditor  general  on  all  taxable  property  of  the  State,  to  be  levied,  assessed, 
and  collected,  as  other  State' taxes,  and  when  so  assessed  and  collected, 
to  be  paid  into  the  general  fund  to  reimburse  said  fund  for  the  appro- 
priation made  by  this  act. 

This  act  is  ordered  to  take  immediate  effect. 

Approved,  June  28,  1907. 


Legislative  Reference  Bureaus 


197 


NORTH  DAKOTA 
(Laws  1907,  ch.  243,  p.  382.) 

State  library  commission  created. 

AN  ACT  Creating  a State  library  commission,  defining  its  duties,  and  providing  an 
appropriation  for  its  maintenance. 

Sec.  5.  * * * The  State  library  commission  shall  have  power  and 
it  shall  be  its  duty  to  establish  a legislative  reference  bureau  for  the 
information  and  assistance  of  the  members  of  the  legislative  assembly 
in  the  work  of  legislation.  The  legislation  of  other  States  and  informa- 
tion upon  legal  and  economic  questions  shall  be  classified  and  catalogued 
in  such  a way  as  to  render  the  same  easy  of  access  to  members,  thereby 
enabling  them  better  to  prepare  for  their  work.  It  shall  be  the  duty  of 
the  librarian  of  the  State  library  commission  to  assist  in  every  way  possi- 
ble the  members  of  the  legislative  assembly  in  obtaining  information 
and  the  preparation  of  bills. 

* * * * * 

Approved,  March  2,  1907. 

OHIO 

(Laws  1910,  No.  384,  pp.  221-222.) 

AN  ACT  To  provide  for  a legislative  reference  and  information  department  in  connection 
with  the  Ohio  State  library. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio: 

Section  i . There  is  hereby  created  and  shall  be  hereafter  maintained 
in  connection  with  the  State  library  a department  to  be  known  as  the 
legislative  reference  and  information  department,  for  the  use  and  infor- 
mation especially  of  the  members  of  the  general  assembly,  the  officer 
of  the  several  State  departments,  and  such  other  persons  as  may  desire 
to  consult  the  same.  It  shall  have  an  office  room  in  or  near  the  State 
capitol,  as  conveniently  located  as  possible  for  the  members  of  the 
general  assembly. 

Sec.  2.  The  board  of  library  commissioners  shall  appoint  an  assistant 
who  shall  be  known  as  legislative  reference  librarian.  He  shall  be  a 
person  well  fitted  by  training  and  experience  to  fill  the  requirements 
of  this  office,  shall  have  charge  of  said  department  under  the  super- 
vision of  the  State  librarian,  and  shall  perform  the  duties  hereinafter 
prescribed.  The  board  is  authorized  to  appoint  such  other  assistants  as 
the  work  of  the  department  may  require . 

Sec.  3.  The  legislative  reference  librarian  shall,  as  soon  as  possible, 
make  available  for  ready  reference  and  use  suitable  indexes  to  all  such 
information  as  is  contained  in  the  various  public  documents  of  the  State, 
including  senate  and  house  journals  and  executive  and  legislative  doc- 
uments, and  shall  keep  a complete  file  of  all  bills  printed  by  order  of 
either  house  of  the  general  assembly.  He  shall  procure  and  compile  in 
suitable  and  convenient  form,  for  ready  reference  and  access,  informa- 
tion on  current  and  pending  legislation  in  other  States  and  countries, 
to  the  end  that  the  general  assembly,  or  any  member  thereof,  or  any 


198  Report  of  the  Librarian  of  Congress 

citizen  of  the  State  may  have  the  benefit  of  snch  service.  He  shall  also 
furnish  to  members  of  the  general  assembly,  under  their  direction,  such 
assistance  as  they  may  require  in  the  preparation  and  formulation  of 
bills,  and  perform  such  other  duties  as  the  board  of  library  commis- 
sioners and  the  general  assembly  may  prescribe. 

Sec.  4.  At  the  close  of  each  session  of  the  general  assembly  the  clerk 
of  the  senate  and  the  clerk  of  the  house,  at  the  request  of  the  legislative 
reference  librarian,  shall  deliver  to  him,  to  be  appropriately  filed  and 
preserved,  copies  of  bills,  joint  resolutions,  important  petitions,  memo- 
rials, and  other  legislative  documents  for  the  custody  of  which  other 
provision  is  not  made  by  law. 

Sec.  5.  The  board  of  library  commissioners  may  expend  in  the  estab- 
lishment and  equipment  of  the  legislative  reference  department  a sum 
not  to  exceed  one  thousand  dollars  and  for  its  maintenance  such  sum 
as  the  general  assembly  shall  from  time  to  time  determine. 

Approved,  May  13th,  1910. 

PENNSYLVANIA 

(Laws  1909,  No.  143,  pp.  208-210.) 

AN  ACT  To  create  a legislative  reference  bureau  in  the  Pennsylvania  State  Library; 

authorizing  the  appointment  of  a reference  director  and  subordinate  officers,  defining 

their  duties,  and  fixing  their  compensation. 

Section  i.  Be  it  enacted,  etc.,  That  from  and  after  the  first  day  of 
June,  Anno  Domini  one  thousand  nine  hundred  and  nine,  the  trustees 
of  the  Pennsylvania  State  Library  be,  and  they  are  hereby,  authorized 
and  directed  to  maintain  a legislative  reference  bureau  in  the  State 
library,  for  the  use  and  information  of  the  members  of  the  general  assem- 
bly, the  heads  of  the  several  departments  of  the  State  government,  and 
such  other  citizens  of  the  Commonwealth  as  may  desire  to  consult  the 
same. 

Sec.  2.  The  director  of  the  said  legislative  reference  bureau  of  the 
Pennsylvania  State  Library  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  to  hold  office  during  good 
behavior,  and  he  shall  be  well  qualified  by  experience,  knowledge,  and 
ability  to  conduct  the  work  of  the  bureau,  and  shall  receive  a salary 
of  three  thousand  five  hundred  dollars  per  annum,  and  his  travelling 
expenses,  actually  and  necessarily  incurred  in  the  performance  of  his 
official  duties.  He  shall  give  bond  in  the  sum  of  ten  thousand  dollars, 
to  be  approved  by  the  governor,  for  the  faithful  performance  of  his 
duties,  and  he  shall  devote  his  whole  time  and  attention  to  the  duties 
of  his  office.  He  shall  have  custody -of  the  law  library  and  the  publi- 
cations therein  of  the  various  State  governments  and  the  United  States 
Government,  which  may  be  generally  classed  as  legislative  documents. 

Sec.  3.  The  director,  by  and  with  the  approval  of  the  governor,  shall 
appoint  one  assistant  director,  learned  in  the  law,  who  shall  receive  a 
salary  of  two  thousand  four  hundred  dollars  per  annum,  and  a reference 
division  stenographer,  at  a salary  of  twelve  hundred  dollars  per  annum. 
The  State  librarian  may  also  assign  any  employee  or  employees  of  the 


Legislative  Reference  Bureaus  199 

library  for  work  in  the  reference  division  during  the  session  of  the  general 
assembly. 

Sec.  4.  The  trustees  of  the  State  library  shall  provide  the  bureau 
with  suitable  rooms  in  the  State  Library  Building,  situated  so  as  to  give 
the  bureau  ready  access  to  the  volumes,  catalogues,  documents,  and 
other  papers  in  the  State  library,  and  in  a place  where  the  bureau  will 
be  convenient  to  the  members  of  the  general  assembly,  and  others 
having  official  business  with  the  said  bureau.  The  reference  bureau 
shall  be  kept  open  from  nine  ante  meridian  to  four  post  meridian  during 
the  entire  year,  and  when  the  general  assembly  is  in  session,  at  such 
hours,  day  and  night,  as  are  most  convenient  to  its  members. 

Sec.  5.  The  director  shall  prepare  and  have  available  for  use,  check 
lists  and  catalogues  of  all  Pennsylvania  laws  and  all  the  current  legisla- 
tion of  Pennsylvania  and  other  States;  lists  of  bills  and  resolutions  pre- 
sented in  either  branch  of  the  general  assembly;  check  lists  of  the  public 
documents  of  the  State,  including  all  reports  issued  by  the  said  depart- 
ments, boards,  and  commissions;  digests  of  such  public  laws  of  this 
and  other  States  as  may  be  thus  best  made  available  for  legislative  use; 
catalogued  files  of  newspaper  clippings  and  of  such  other  printed  matter 
as  may  be  proper  for  the  purposes  of  the  bureau.  The  director  shall  also, 
when  requested  by  the  governor,  heads  of  departments,  or  members  of 
the  general  assembly,  promptly  procure  available  information  not  on 
file  in  the  bureau  relating  to  pending  legislation,  and  investigate  the 
manner  in  which  laws  have  operated  in  other  States.  He  shall  also,  if 
possible,  establish  card  catalogue  exchanges  with  other  States  where 
laws  similar  to  this  are  now  in  force  or  hereafter  may  be  passed. 

Sec.  6.  The  director  and  his  assistants  shall  neither  oppose  nor  urge 
legislation,  but  shall,  upon  request,  aid  and  assist  the  members  of  the 
general  assembly,  the  governor,  and  the  heads  of  departments  by  advis- 
ing as  to  bills  and  resolutions  and  drafting  the  same  into  proper  form, 
and  by  furnishing  to  them  the  fullest  information  upon  all  matters  in 
the  scope  of  the  bureau  relating  to  their  public  duties.  No  employees 
of  the  bureau  shall  reveal  to  any  person  outside  of  the  bureau  the  con- 
tents or  nature  of  any  matter  not  yet  published,  except  with  the  consent 
of  the  person  bringing  such  matters  before  the  bureau. 

Sec.  7.  The  printing  and  binding  necessary  for  the  proper  perform- 
ance of  the  duties  of  said  division,  or  the  proper  preservation  of  material 
collected  under  the  same,  shall  be  done  by  the  State  printer,  upon  the 
order  of  the  superintendent  of  public  printing  and  binding,  upon  requi- 
sition of  the  legislative  director,  countersigned  by  the  State  librarian; 
and  the  board  of  public  grounds  and  buildings  shall,  upon  the  requisi- 
tion of  the  said  director,  countersigned  by  the  State  librarian,  furnish 
the  bureau  with  such  books,  stationery,  supplies,  furniture,  et  cetera, 
as  may  be  needed  to  properly  conduct  the  affairs  of  the  bureau. 

Approved  the  27th  day  of  April,  A.  D.  1909. 


200 


Report  of  the  Librarian  of  Congress 


RHODE  ISLAND 

(General  Laws,  revision  of  1909,  ch.  38.  Public  Laws  1471,  Apr.  23, 
1907.  Public  Laws  1554*  Apr.  30,  1908,  pp.  193-194.) 
***** 

Sec.  17.  There  shall  be  in  the  State  library,  under  the  direction  of 
the  State  librarian,  a legislative  reference  bureau,  which  shall  collect,, 
arrange,  and  place  on  file  books,  pamphlets,  and  other  material  relating 
to  legislation,  which  shall  prepare  abstracts  of  laws  in  other  States,  and 
which  shall  present  such  other  information  as  may  be  useful  and  neces- 
sary to  the  general  assembly  in  the  performance  of  its  legislative  duties. 

Sec.  18.  The  State  librarian  shall,  with  approval  of  the  secretary  of 
state,  employ  such  assistants  and  incur  such  expenses  as  may  be  neces- 
sary in  the  proper  administration  of  the  bureau,  and  the  sum  of  twenty- 
three  hundred  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
annually  appropriated  to  defray  the  expenses  of  said  bureau,  and  the 
state  auditor  is  hereby  authorized  to  draw  his  order  or  orders  on  the 
general  treasurer  upon  receipt  by  him  of  vouchers  approved  .by  the 
secretary  of  state. 

SOUTH  DAKOTA 

(Session  Laws  1907,  ch.  185,  pp.  395-396.) 

AN  ACT  Entitled  an  act  establishing  a division  of  legislative  reference  in  the  State 

library. 

Be  it  enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

Section  i.  Duty  of  librarian:  The  State  librarian  is  hereby 
directed  to  establish  in  the  State  library  a division  of  legislative  refer- 
ence, in  which  he  shall  provide  the  reports  of  the  various  officers  and 
boards  of  this  State,  and  as  far  as  may  be  of  other  States,  and  such  other 
material  upon  economic  and  sociological  subjects  as  he  may  be  able  to 
provide,  and  shall  index  and  classify  the  same  and  make  the  informa- 
tion therein  available  for  the  use  of  the  State  legislature,  and  shall,  as 
required,  provide  for  the  use  of  members  of  the  legislature  such  infor- 
mation and  assist  in  drafting  bills,  and  in  every  reasonable  way  make 
the  division  useful  in  the  preparation  of  legislation. 

Sec.  2.  The  various  departments,  officers,  and  boards  shall  provide 
copies  of  their  reports  and  publications  for  the  legislative  division  of 
the  State  library,  and  the  secretary  of  state  is  directed  to  supply  to  the 
same  a complete  set  of  the  statutes  and  session  laws  of  the  State  and  of 
the  reports  of  the  supreme  court. 

Sec.  3.  Repeal:  All  acts  or  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Approved,  February  18,  1907. 


Legislative  Reference  Bureaus 


201 


TEXAS 

(General  Laws  1909,  ch.  70,  p.  126.) 

AN  ACT  To  create  the  Texas  Library  and  Historical  Commission,  setting  forth  the 
purposes  of  the  said  Library  and  Historical  Commission,  defining  its  powers  and 
duties,  etc. 

***** 

Sec.  11.  That  the  said  Library  and  Historical  Commission  is  hereby 
authorized  and  directed  to  maintain  for  the  use  and  information  of  the 
members  of  the  legislature,  the  heads  of  the  several  State  departments, 
and  such  other  citizens  as  may  desire  to  consult  the  same  a section  of 
the  State  library  for  legislative  reference  and  information.  The  Library 
and  Historical  Commission  shall  appoint  an  assistant  librarian  compe- 
tent to  conduct  the  work  of  said  legislative  reference  section.  Said 
assistant  librarian  shall  have  available  for  use  explanatory  check  lists 
and  catalogues  of  the  current  legislation  of  this  and  other  States,  cata- 
logues of  the  bills  and  resolutions  presented  in  either  branch  of  the 
legislature,  check  lists  of  the  public  documents  of  the  several  States, 
including  all  reports  issued  by  the  various  departments,  boards,  and 
commissions  of  this  State,  digests  of  such  public  laws  of  this  and  other 
States  as  may  best  be  made  available  for  legislative  use.  Said  assistant 
librarian  shall  give  the  members  of  the  legislature  such  aid  and  assist- 
ance in  the  drafting  of  bills  and  resolutions  as  may  be  asked. 

WISCONSIN 

(Laws  1903,  ch.  238,  p.  384.) 

AN  ACT  To  amend  chapter  168  of  the  laws  of  1901  relating  to  the  cataloguing  and  dis- 
tribution of  public  documents  and  the  maintenance  of  a legislative  reference  room 
and  small  working  library  by  the  Wisconsin  Free  Library  Commission,  and  increasing 
the  appropriation  therefor. 

Sec.  373/.  To  Maintain  Library  in  Capitol:  The  said  commission 
is  also  authorized  and  directed  to  maintain  in  the  State  capitol,  for  the 
use  and  information  of  the  legislature,  the  several  State  departments, 
and  such  other  citizens  as  may  desire  to  consult  the  same,  a legislative 
reference  room,  and  a small  working  library,  as  complete  as  may  be,  of 
the  several  public  documents  of  this  and  other  States,  and  to  purchase 
for  said  library  standard  works  of  use  and  reference.  The  said  commis- 
sion is  also  hereby  authorized  and  directed  to  cooperate,  during  sessions 
of  the  legislature,  with  the  secretary  and  superintendent  of  the  State 
Historical  Society  of  Wisconsin,  as  trustee  of  the  State,  with  a view  to  a 
joint  arrangement  by  which  the  needs  of  the  legislature  in  the  matter 
of  general  books  of  reference  may  be  met  to  the  fullest  possible  extent; 
and  said  commission  shall  give  such  space  within  its  rooms  to  books 
brought  to  the  capitol  by  said  society  for  such  purpose  as  may  be  jointly 
agreed  upon  between  them.  The  librarian  of  the  State  library  and  the 
officers  of  State  departments  are  hereby  authorized  to  give  or  loan  to 
the  free  library  commission  for  the  use  of  the  legislative  reference  room 
such  books  and  documents  as  will  be  useful  in  that  room.  The  said 
free  library  commission  is  also  authorized  to  give  or  loan  to  the  State 
historical  society  or  to  the  State  departments  any  books  and  documents 
except  those  in  current  use  in  the  legislative  reference  room. 

***** 

Approved,  May  13,  1903. 


202 


Report  of  the  Librarian  of  Congress 

(Laws  1907,  ch.  508,  pp.  70-71.) 

Sec.  373L  Legislative  Reference  Room — Appropriation:  i.  For 
the  purpose  of  carrying  out  the  provisions  of  this  act,  there  shall  be  and 
is  hereby  annually  appropriated  to  the  Wisconsin  Free  Library  Com- 
mission from  any  money  in  the  general  fund  not  otherwise  appropriated, 
the  sum  of  * * * fifteen  thousand  dollars,  and  any  balance  not 

expended  in  any  one  year  may  be  added  to  the  expenditure  for  the 
next  ensuing  year. 

Draughtsmen:  2.  Out  of  the  above  appropriation  the  sum  of  six 
thousand  dollars  shall  be  set  aside  for  the  period  of  each  legislative 
session  and  the  period  of  two  months  just  preceding  each  legislative 
session  for  the  purpose  of  employing  draughtsmen  and  extra  help  in 
the  draughting  of  bills. 

Indexing:  3.  The  remainder  of  the  appropriation  shall  be  used  for 
the  carrying  out  of  the  provisions  of  this  act  and  for  indexing  session 
laws,  indexing  the  statutes,  indexing  of  private  and  special  laws,  index- 
ing bills,  and  also  for  indexing  documents  and  journals  from  the  begin- 
ning of  the  history  of  the  State. 


In  California,  Connecticut,  Iowa,  Kansas,  Massachusetts,  New  York, 
and  Virginia  the  State  library  carries  on  legislative  reference  work 
without  specific  legislation  on  the  subject. 

IOWA 

A joint  resolution,  approved  April  15,  1909,  fixing  the  number  and 
compensation  of  employees  of  State  departments,  provides  for  the 
State  librarian’s  office  the  following: 

1 legislative  and  general  reference  assistant  (who  shall  be  under 
the  direction  of  assistant  to  librarian) $1,  000 

KANSAS 

(Auditor’s  Seventeenth  Biennial  Report,  1910,  pp.  xvi  and  147.) 
The  legislature  of  1909  made  appropriations  as  follows: 

Legislative  reference  library 


1910 


1911 


One  expert  cataloguer  who  shall  work  under  the  State  librarian, 

especially  in  the  legislative  reference  department 

Stenographer  and  clerk 

Postage  and  office  incidentals 


$1,000  $ 

900 
200 


1,000 

900 

200 


2, 100 


Total 


2, 100 


Legislative  Reference  Bureaus  203 


The  estimate  of  the  appropriations  required  for  the  fiscal  years  1912 
and  1913  is  as  follows: 


1912 

1913 

Cataloguer 

$1, 000 

$1,000 

Stenographer  and  clerk 

900 

900 

Postage,  office  incidentals,  and  traveling  expenses 

1,000 

1,000 

Extra  clerk  hire 

600 

600 

Multigraph  and  typewriting  machines 

400 

100 

Purchase  of  legislative  material 

1,000 

1,000 

Total  for  legislative  reference  library 

4,900 

4,600 

MASSACHUSETTS 
(Acts  1910,  Chap.  75.) 

Since  1892  the  following  provision  is  found  in  the  annual  appropria- 
tion acts: 

For  preparing  an  index  to  current  events  and  such  other  matters 
contained  in  the  newspapers  of  the  day  as  may  be  deemed  impor- 
tant by  the  trustees  and  librarian,  a sum  not  exceeding  one  thous- 
and dollars. 

In  the  appropriation  act  1910  the  contingent  fund  of  $6,000  is  made 
available  for  a “Card  index  of  comparative  legislation.” 

NEBRASKA 

The  act  of  1907  appropriating  $15,000  for  the  purposes  of  the  State 
Historical  Society,  specifies  among  the  objects  for  which  the  money 
may  be  expended:  “For  labor  and  supplies  in  legislative  reference 
department.” 

ILLINOIS 

[Governor’s  recommendations,  1911 — Gov.  Deneen’s  message,  Jan.  4,  1911,  Senate 

Journal,  p.  27.] 

A legislative  reference  bureau 

j I would  urge  upon  your  attention  also  the  desirability  of  establishing 
a legislative  reference  bureau,  whose  work  would  be  to  collect  and 
[systematize  information  concerning  legislation  and  administration  in 
I this  and  other  States  and  countries.  This  work  should  be  done  with 
special  reference  to  the  administrative  methods  and  legislation  of  inter- 
est to  the  people  of  Illinois  and  the  results  should  be  available  for  use  of 
the  State  legislature  and  the  executive  and  other  officers  of  the  State. 

Such  a legislative  reference  bureau  in  connection  with  the  State 
j University  would  have  important  advantages  in  the  active  assistance 
of  the  university’s  resources,  both  in  its  laboratory  equipment  and  in 
its  staff  of  professional  experts  in  law,  political  science,  economists, 
sociology,  engineering,  and  agriculture.  The  work  of  such  a bureau 


204 


Report  of  the  Librarian  of  Congress 


would  be  to  collect  material,  including  statutes,  judicial  decisions, 
official  reports,  and  other  public  documents;  to  index  and  catalogue 
these  and  other  materials  so  as  to  make  them  available  for  the  officers 
of  the  State,  government  and  the  legislature;  and  to  conduct  investi- 
gations into  problems  of  public  administration,  such  as  are  often  under- 
taken by  special  commissions  for  the  use  of  the  legislative  committees 
and  others. 

During  the  session  of  the  legislature  the  services  of  this  bureau  should 
be  primarily  at  its  disposal,  and  such  part  of  its  material  as  might  be 
needed  should  be  transferred  to  the  State  capitol,  where  it  would  be  at 
the  immediate  service  of  the  members  of  the  State  government. 

WISCONSIN 

[Gov.  McGovern’s  message,  Jan.  12,  1911,  pp.  29-30.] 

Legislative  reference  department 

The  legislative  reference  department  of  the  Free  Library  Commis- 
sion is  a Wisconsin  idea  of  great  value.  It  has  been  copied  by  over  20 
other  States  and  as  many  cities.  Foreign  countries  and  municipalities 
have  also  adopted  it.  Its  purpose  is  to  bring  to  the  legislature  expert 
help  in  gathering  the  results  of  experience  elsewhere,  without  which 
legislators  would  be  more  or  less  helpless  because  of  the  complexity  of 
modern  problems.  It  also  furnishes  the  legislature  with  expert  drafts- 
men, skilled  in  the  art  of  embodying  in  satisfactory  form  ideas  which 
the  members  of  the  legislature,  untrained  as  m^ny  of  them  are  in  this 
work,  may  desire  to  have  enacted  into  law. 

At  present  this  department  is  not  supported  as  liberally  as  its  impor- 
tance demands.  In  carrying  on  its  work  it  has  been  hampered  for  want 
of  necessary  funds.  I believe  an  additional  appropriation  of  at  least 
$7,000  a year  for  this  department  is  necessary  in  order  to  place  it  upon 
a proper  basis  and  to  equip  it  so  as  to  facilitate  the  work  of  the  legisla- 
ture. This  will  make  a total  appropriation  for  this  department  of  but 
$22,000.  Other  States  devote  much  larger  sums  to  this  purpose  for 
services  much  less  efficient  than  those  this  State  has  been  accustomed 
to  receive.  In  the  end,  such  additional  appropriation,  I am  satisfied, 
will  prove  the  means  of  a much  greater  saving  in  money,  to  say  nothing 
of  improvement  in  the  form  of  the  statute  law  enacted  at  each  legislative 
session.  I commend  this  matter  to  your  careful  consideration. 


Exhibit  6. — Legislative  Reference  Bulletins  Published  in 
Various  States 

California. — State  library. — Legislative  reference  bulletins: 

No.  1.  Hints  on  drawing  legislative  bills.  1908. 

No.  2.  River  improvement  laws  in  other  States  and  countries. 
1908. 


Legislative  Reference  Bureaus  205 

Indiana. — State  library. — Legislative  reference  department  bulle- 
tins: 

No.  1.  Local  option  by  election.  1908. 

No.  2.  Index  to  governors’  messages  1816-1851.  1908. 

No.  4.  Hints  on  bill  drafting.  1910. 

Michigan. — State  library. — Legislative  reference  department  bulle- 
tins: 

No.  1.  Constitution  of  the  State  of  Michigan,  1850;  annotated 
for  the  use  of  the  constitutional  convention.  1907. 

No.  2.  First  State  constitution — 1835.  Proposed  constitution  of 
1867.  Proposed  constitution  of  1873.  1907. 

No.  3.  Local,  special,  and  private  legislation,  municipal  char- 
ters, gubernatorial  veto,  initiative  and  referendum,  as 
provided  for  and  regulated  by  the  constitutions  of  the 
several  States.  1907. 

Laws  of  the  various  States  relating  to  vagrancy.  1910. 

New  York. — State  library. — Bulletins.  Legislation: 

Nos.  1-7,  9— 11,  13,  15,  18,  21,  24,  28,  32,  36,  38.  Comparative 
summary  and  index  of  legislation,  1890-1908. 

Nos.  16,  19,  22,  25,  29,  33,  39.  Review  of  legislation,  1901-1908. 

Nos.  17,  20,  23,  27,  31,  35,  37.  Digest  of  governors  messages, 
1902-1908. 

No.  8.  State  finance  statistics,  1890  and  1895. 

No.  12.  Trend  of  legislation  in  the  United  States,  1900. 

No.  14.  Taxation  of  corporations  in  New  York,  Massachusetts, 
Pennsylvania,  and  New  Jersey,  1901. 

No.  26.  Index  of  New  York  governors  messages,  1777-1901. 

No.  30.  Legislative  reference  lists,  1906. 

No.  34.  A summary  of  the  compulsory  attendance  and  child- 
labor  laws  of  the  States  and  Territories  of  the  United  States, 
1907. 

(Beginning  with  No.  20,  the  three  or  more  bulletins  of  each  year 
are  also  issued  in  one  volume  under  title  “The  Yearbook  of 
legislation.  ”) 

Review  of  legislation,  1907-8. 

Contents:  Labor,  by  L.  W.  Hatch.  Crimes  and  offenses,  by  D.  C.  Brown.  Cor- 
rections, by  G.  McLaughlin.  Public  charities,  by  W.  B.  Buck.  The  insane,  by 
To  E.  McGarr.  The  feeble-minded  and  epileptic,  by  J.  C.  Carson.  The  family,  by 
A.  M.  Eaton.  Public  health  and  safety,  by  C.  E.  A.  Winslow.  Eood  adultera- 
tion, by  W.  D.  Bigelow.  Agriculture,  by  J.  I.  Schulte.  Experiment  stations  and 
inspection,  by  W.  H.  Beal.  Horticulture:  Diseases  and  pests,  by  E.  P.  Felt. 
Public  control  of  waters,  by  R.  P.  Teele.  Land  drainage,  by  J.  T.  Stewart.  For- 
estry, by  P.  P.  Wells.  Fish  and  fisheries,  by  M.  C.  Marsh.  Game  protection,  by 
T.  S.  Palmer.  Education,  by  E.  C.  Elliott.  Vocational  education,  by  A.  D.  Dean. 
Library  legislation,  by  W.  R.  Eastman.  Public  printing  and  records,  by  P. 
Nelson.  Publications,  by  T.  L.  Cole.  Courts  and  the  practice  of  law,  by  I.  Loeb. 
Corporations,  by  R.  C.  Harrison.  Property,  by  E.  Freund.  Contracts  and  obli- 
gations, by  J.  B.  Sanborn.  Public  utilities,  by  R.  PI.  Whitten.  Municipal  gov- 
ernment, by  J.  A.  Fair  lie.  State  finance,  by  E.  W.  Kemmerer.  Local  finance, 
by  F.  R.  Clow.  Taxation,  by  E.  W.  Kemmerer.  Insurance,  by  S.  Huebner. 
Banking,  by  W.  A.  Scott.  Commerce  and  industry,  by  S.  Litman.  Transporta- 
tion and  communication,  by  A.  A.  Young.  Roads:  1907,  by  M.  O.  Eldridge;  1908, 
by  L.  E.  Boykin.  Motor  vehicles,  by  C.  T.  Terry,  Index. 

Each  chapter  also  issued  separately. 


206 


Report  of  the  Librarian  of  Congress 


North  Dakota. — Public  library  commission. — Legislative  reference 
department  bulletins: 

No.  i.  Permanent  State  tax  commissions,  a comparative  digest 
of  State  legislation.  1910. 

No.  2.  Good  roads;  an  outline  of  State  road  systems.  1910. 
Rhode  Island. — State  library. — Legislative  reference  bulletins: 

No.  1.  The  veto  power  in  the  several  States.  1907. 

No.  2.  Automobile  laws  of  the  New  England  States,  New  York, 
New  Jersey,  and  Pennsylvania.  1908. 

No.  3.  Summary  of  the  general  banking  laws  of  the  commercial 
States.  1908. 

Virginia. — State  library. — Legislative  reference  lists: 

1910:  Bank  examiners.  City  charters.  Municipal  home  rule. 
Fee  system.  Juvenile  courts.  Oyster  industry.  Pri- 
maries. Liquor  question.  Protection  of  birds.  Taxa- 
tion. Tuberculosis. 

Wisconsin. — Free  library  commission. — Legislative  reference  depart- 
ment bulletins: 

No.  1.  Railway  coemployment.  1905. 

No.  2.  Lobbying.  1906. 

No.  3.  Corrupt  practices  at  elections.  1906. 

No.  4.  Exemption  of  wages.  1906. 

No.  5.  Municipal  electric  lighting.  1906. 

No.  6.  Trust-company  reserves.  1906. 

No.  7.  Taxation  of  trust  companies.  1906. 

No.  8.  Municipal  gas  lighting.  1906. 

No.  9.  Boycotting.  1906. 

No.  10.  Blacklisting.  1906. 

No.  11.  Initiative  and  referendum.  1907. 

No.  12.  The  recall.  1907. 

No.  13.  Primary  elections.  1908. 

No.  14.  Proportional  representation.  1908. 

No.  15.  Juvenile  courts.  1908. 

No.  16.  Telephones:  Interchange  of  service.  [1908.] 

No.  17.  Mortgage  taxation.  1908. 

No.  18.  Municipal  home-rule  charters.  1908. 

No.  19.  Tenement-house  legislation,  State  and  local.  1909. 

No.  20.  Accident  insurance  for  workingmen.  1909. 

No.  21.  Initiative  and  referendum : State  legislation.  1910. 

No.  22.  Certified  public  accounts.  1910. 


Exhibit  7. — Library  of  Congress 

Select  lists  of  references. — Political  science  and  economics: 

American  occupation  of  the  Philippines,  1898-1903.  1905. 

Anglo-Saxon  interests.  1903;  2d  issue,  1906. 

Banks  and  banking.  1904;  1st  & 2d  banks  of  the  United  States. 
1908. 

British  tariff  movement  (Chamberlain’s plan).  1904;  2dissue,  1906. 
Budget  of  foreign  countries.  1904. 

Cabinets  of  England  and  America.  1903. 


207 


Legislative  Reference  Bureaus 

Select  lists  of  references — Political  science  and  economics: 

Child  labor.  1906. 

Chinese  immigration.  1904. 

Colonization,  government  of  dependencies,  protectorates,  and  re- 
lated topics.  1900;  2d  edition,  1900. 

Constitution  of  the  United  States.  1903. 

Consular  service.  1905. 

Corrupt  practices  in  elections.  1908. 

Cost  of  living  and  prices.  1910. 

Currency  and  banking.  1908. 

Debates  in  Federal  convention  on  election  of  Senators.  1902. 
Deep  waterways  from  the  Great  Lakes  to  the  Atlantic  Ocean.  1908. 
Eight-hour  working  day  and  limitation  of  working  hours  in  general. 
1908. 

Employers’  liability.  1906. 

Far  East.  1904. 

Federal  control  of  commerce  and  corporations.  1903 ; 2d  issue,  1904. 
Fourteenth  and  fifteenth  amendments,  with  special  reference  to 
negro  suffrage.  1906. 

Government  ownership  of  railroads.  1903. 

Immigration.  1904;  2d  issue.  1905;  3d  issue.  1907. 
Impeachment.  1905. 

Industrial  arbitration.  1903. 

Insurance,  United  States  and  foreign  countries.  1906;  2d  ed.  1908. 
International  arbitration.  1908. 

Iron  and  steel  in  commerce.  1907. 

Labor,  particularly  relating  to  strikes.  1903. 

Mercantile  marine  subsidies.  1900;  2ded.  1903;  3d  ed.  1906. 
Municipal  affairs,  with  special  reference  to  municipal  ownership. 
1906. 

Negro  question.  1903;  2d  issue.  1906. 

Old-age  and  civil-service  pensions.  1903. 

Political  parties  in  the  United  States.  1907. 

Popular  election  of  Senators.  1904. 

Postal  savings  banks.  1908. 

Primary  elections,  particularly  direct  primaries.  1905. 
Proportional  representation.  1904. 

Railroads  in  foreign  countries.  Governmental  regulation.  1905. 
Railroads  in  their  relation  to  the  Government  and  the  public. 

1904;  2d  issue.  1907. 

Reciprocity.  1902;  2d  ed.  1910. 

Reciprocity  with  Canada.  1907.  [2d  ed.  1910] 

Recognition  in  international  law  and  practice.  1904. 

Sugar,  chiefly  in  its  economic  aspects.  1910. 

Supreme  Court  of  the  United  States.  1909. 

Tariffs  of  foreign  countries.  1906. 

Taxation  of  inheritances  and  of  incomes.  1907. 

Trusts.  1900;  2d  ed.  1902;  3d  ed.  1907. 

Valuation  and  capitalization  of  railroads.  1909. 

Workingmen ’s  insurance . 1 908 . 


208  Report  of  the  Librarian  of  Congress 
INDEXES  AND  COMPILATIONS  OF  LAW 
Exhibit  8. — Proposal  for  Index  to  Comparative  Legislation 
Estimates  for  1904 

Estimate. — For  the  preparation  of  an  index  to  comparative  legisla- 
tion, including  subscription  to  and  purchase  of  publications  and  other 
necessary  material,  and  for  traveling  expenses,  transportation,  sta- 
tionery, postage,  and  all  services  and  incidental  expenses  connected 
with  the  compilation  of  such  index,  $28,000. 

[Extract  from  letter  of  transmittal  accompanying  estimates  Oct.  6,  1902.] 

This  proposes  an  entirely  new  undertaking  for  the  Library.  An 
index  to  comparative  legislation  brings  together  a descriptive  state- 
ment of  the  laws  that  are  being  enacted  by  the  various  legislative 
bodies  of  the  civilized  world.  If  accompanied  by  a reference  to  pre- 
ceding statutes  or  by  brief  abstracts  indicating  the  course  of  legislation, 
it  may  become  an  instrument  of  the  highest  value  not  merely  to  the 
theoretic  investigator,  but  to  the  practical  legislator. 

There  is  at  present  no  such  index  comprehensive  in  scope.  An 
index  published  by  the  State  library  at  Albany  covers  the  legislation 
of  the  several  States.  An  index  that  would  cover  promptly,  intelli- 
gently, and  accurately  the  current  legislation  of  the  world  would 
render  a great  public  service — a service  to  the  legislator  in  Congress, 
to  the  executive  branch  of  the  Government  in  its  diplomatic  relations, 
to  the  scientific  bureaus  of  the  Government,  and  to  all  students  of  cur- 
rent, political,  and  economic  facts  and  tendencies.  Published  peri- 
odically— say  monthly — it  can  be  made  to  broaden  its  service,  to  the 
aid  of  legislators,  administrators,  and  investigators  in  all  parts  of  this 
country  and  in  other  countries.  The  work  should  be  done  at  Wash- 
ington. It  can  only  be  done  at  the  National  Library,  where  the  mate- 
rial is  to  be  found  or  by  which  (with  the  aid  of  the  consular  and  diplo- 
matic representatives’ of  the  United  States)  it  can  most  effectively  be 
secured.  It  will  require  not  merely  the  current  statutes  promptly 
upon  their  enactment,  but  the  files  showing  the  legislation  of  the 
past.  It  will  require  subscriptions  to  a considerable  amount  of  mate- 
rial which  can  not  be  secured  by  the  library  as  gift.  It  will  require  a 
systematically  organized  corps  of  special  workers,  besides  the  routine 
service  for  recording,  classifying,  and  for  correspondence. 

If  such  a work  can  be  organized  at  the  Library  of  Congress,  it  will  do 
more  than  any  other  expenditure  of  a similar  amount  to  make  useful 
the  great  mass  of  legislative  documents  which  are  accumulating  within 
its  walls,  and  which  it  has  an  opportunity  to  accumulate  unequaled 
by  any  other  institution  in  the  world. 

I shall  be  prepared  to  submit  to  the  Appropriations  Committees  a 
more  particular  description  of  this  proposal,  with  illustrations. 


Legislative  Reference  Bureaus  209 

[Communication  from  the  Librarian  of  Congress  to  the  Subcommittee  on  Appropria- 
tions, House  of  Representatives] 

The  Library  op  Congress,  December  3,  1902. 

Sir:  In  response  to  your  suggestion  at  the  hearing,  I beg  to  add  to 
my  statement  concerning  the  proposed  “Index  to  Comparative  Leg- 
islation” the  following: 

Scope. — The  index  would  cover  all  the  statute  laws  of  all  the  civi- 
lized countries  having  legislative  assemblies  whose  deliberations  and 
activities  are  of  interest  to  Congress,  to  our  other  legislative  bodies,  to  our 
executive  and  scientific  bureaus,  and  to  the  student  and  investigator. 
It  would  cover  primarily  the  most  recent  enactments.  It  would  from 
time  to  time  trace  back  the  entire  course  of  legislation  in  a particular 
country  upon  the  particular  subject,  in  order  to  show  the  bearing  and 
significance  of  a recent  act,  if  epoch  making. 

Form. — It  would  consist  of  a monthly  bulletin,  with  at  least  an 
annual  summary. 

The  index  would  be  not  merely  a list  of  the  acts  by  title.  This 
would  contribute  little.  It  would  indicate  the  subject  matter  of  the 
act  and  at  times  analyze  it.  It  would  therefore  be  a subject  index, 
in  a measure  a digest. 

It  should  contain  also  references  to  articles  in  journals  in  the  nature 
of  commentaries  upon  or  expositions  of  particular  legislation,  and 
possibly  to  important  judicial  decisions  interpreting  them.  It  would 
avail  itself  of  the  work  of  the  three  societies  (in  London,  Paris,  and 
Berlin)  dealing  with  comparative  legislation  within  particular  fields. 

It  would  be  “comparative”  in  that  it  would  bring  under  one  head- 
ing— that  of  the  subject  itself — the  recent  legislation  of  various  coun- 
tries with  reference  to  that  subject.  The  reference  would  not,  as  a 
rule,  go  beyond  the  summary.  Occasionally,  however,  it  might  seem 
desirable  to  reprint  in  English  the  substantial  part  of  some  act  of  a 
foreign  government  bearing  upon  a subject  under  discussion  in  Congress. 

The  occasional  resume  would  enable  the  investigator  to  trace  back 
the  course  of  legislation  on  that  subject. 

Cost. — The  estimate  submitted  is  $28,000.  This  is  for  but  the  first 
year.  The  index  will  be  of  no  importance  unless  continued  and 
maintained  currently.  During  the  first  year  little  can  probably  be 
done  except  to  effect  the  organization,  to  gather  and  systematize  mate- 
rial, open  communication  with  the  legislative  centers,  determine 
methods  and  processes,  and  begin  the  classification  and  digestion  of 
the  material  and  the  card  indexes  which  must  precede  the  published 
bulletins.  The  estimate  of  expense  for  the  first  year  may  be  taken 
as  a fair  estimate  of  the  annual  expense.  The  outlay  for  material, 
equipment,  and  transportation  for  the  first  year  will  be  larger  than 
afterwards,  but  the  expense  of  editing  may  be  less. 

ELEMENTS  OP  EXPENSE 

1.  Equipment. — The  cost  of  this  will  be  slight — desks,  tables,  filing 
cabinets,  etc. 

2.  Material. — The  library  has  already  a mass  of  statute  laws,  and 
much  comes  to  it  without  cost  through  international  exchange;  but 


210 


Report  of  the  Librarian  of  Congress 

for  the  purpose  of  the  index  and,  indeed,  for  all  inquiries  into  statute 
law,  a complete  set  of  the  statutes  of  every  country  is  essential.  In 
many  cases  the  sets  in  the  library  are  very  imperfect,  and  the  defects 
can  now  be  made  good  only  by  purchase. 

For  the  purpose  of  the  index  there  must  be  a subscription  to  at  least 
two  copies  of  all  the  publications  which  give  the  current  legislation 
and  of  the  journals  which  deal  with  it.  More  copies  may  be  desirable 
for  cutting  and  pasting. 

Organization. — So  far  as  I have  been  able  to  give  consideration  to 
this  the  minimum  requisite  would  be  as  follows: 

General  director  in  charge  of  the  work,  who  must  have  legal 
training,  a good  general  education,  a fair  knowledge  of  the 
most  important  foreign  languages,  and  initiative,  method, 

and  executive  ability.  Salary $3,000 

4 scientific  experts,  each  with  a general  education  and  profes- 
sional training  similar  to  that  of  the  chief  of  the  division,  and 
competent  to  analyze,  digest,  compile,  and  edit  laws  of  vari- 
ous countries  having  different  constitutions,  but  not  called 
upon  for  the  larger  administrative  functions:  One  to  cover 


Great  Britian  and  her  colonies;  two  for  Continental  Europe, 

Africa,  and  the  Orient,  and  one  for  South  and  Central  Amer- 
ica, at  $2,000  (probably  $2,250)  each 8,  000 

4 translators  (there  would  be  nearly  20  languages  involved, 
including  some  of  the  most  difficult,  as  Russian),  at  $1,200 

each 4,  800 

1 cataloguer 1,  200 

1 proof  reader 1,  200 

2 stenographers  and  typewriters,  at  $900  each 1,  800 

Subordinate  service — for  classifying,  copying,  writing  index 

cards,  and  messenger  work,  etc.,  say 4,  000 


In  addition  to  the  above,  there  would  be  the  compensation  of  certain 
correspondents  who,  in  important  legislative  centers,  would  make 
periodical  reports  upon  legislation  pending,  give  information  as  to 
publications  and  aid  in  procuring  them.  Such  correspondents  must 
be  experts  in  the  statute  laws  of  their  countries  and  competent  also, 
if  required,  to  aid  in  tracing  back  the  history  and  motive  of  legislation 
upon  a particular  subject  and  the  bearing  of  any  particular  act.  Such 
experts  could,  I think,  be  secured  at  a small  compensation  in  each 
case.  It  is  essential  that  they  be  paid  something,  otherwise  they 
could  not  be  held  accountable  for  promptness,  accuracy,  and  thor- 
oughness. 

The  service  connected  with  the  work  may  therefore  mean  an  annual 
expenditure  of  over  $24,ooo.1  This  leaves  a very  narrow  margin  for 
the  acquisition  of  material,  for  freight,  transportation,  and  miscel- 
laneous expenses,  as  indicated.  During  the  first  year  particularly, 
while  material  is  being  sought,  communications  opened,  and  corre- 

1 By  the  $16,000  which  I mentioned  at  the  hearing  I had  in  mind  only  the  special 
expert  service  comprised  in  the  first  three  items  above. 


Legislative  Reference  Bureaus  21 1 

spondents  secured,  there  would  have  to  be  a considerable  expenditure 
for  transportation. 

The  expert  service  required  for  dealing  with  foreign  legislation  is  of 
a very  different  grade  from  that  which  suffices  for  an  intelligible  treat- 
ment of  American  statute  law.  Not  merely  do  the  languages  present 
difficulties — an  intelligent  presentation  of  a statute  of  a foreign  country 
requires  knowledge  of  the  constitution  of  that  country,  of  its  history, 
of  its  methods  of  legislative  procedure,  and  of  its  executive  and  judicial 
organization. 

Usefulness  of  the  work. — I have  adverted  to  this  in  the  letter  accom- 
panying my  estimates,  I may  add  the  following  suggestions: 

The  subjects  treated  in  the  index  would  include  subjects  that  bear 
upon  the  work  of  every  legislative  assembly  in  the  United  States,  a 
considerable  number  of  subjects  of  interest  to  municipalities,  a larger 
number  of  interest  to  State  legislatures,  and  a most  important  group  of 
subjects  of  constant  interest  to  Congress.  Among  these  latter  I may 
note  the  following: 

Taxation  in  all  branches;  revenue,  customs  and  internal,  tariffs; 
subsidies  and  bounties,  finance,  currency,  banking,  etc.;  weights  and 
measures,  commercial  regulations;  navigation;  railroads;  telegraphs; 
postal  systems,  public  franchises  generally;  corporations  (regulation  of); 
public  health,  e.  g.,  pure  food  laws,  meat  inspection,  quarantine  laws; 
immigration  and  emigration,  naturalization,  extradition;  labor  legisla- 
tion, e.  g.,  arbitration,  coal  mines,  factory  inspection;  elective  franchise , 
regulation  of  religious  orders;  tenures;  irrigation;  forestry;  protection  of 
magistrates. 

The  above  are  only  examples.  They  will  extend,  as  Congress  may 
have  to  deal  further  with  domestic  and  international  questions,  par- 
ticularly as  it  will  have  to  deal  with  the  Territories,  for  which  it 
legislates  directly,  and  the  newly  acquired  dependencies,  where  the 
problems  to  be  solved  are  problems  with  which  foreign  countries  have 
had  in  some  form  to  deal. 

In  the  experience  of  the  Library,  inquiries  from  Congress  touching 
foreign  legislation  take  the  following,  among  other,  forms  (the  examples 
are  actual): 

(1)  A request  for  a particular  statute,  e.  g.,  the  Belgium  arbitration 
act;  (2)  a request  for  all  the  statutes  of  a country  relating  to  a particular 
subject,  e.  g.,  old  age  pensions  in  Great  Britain;  (3)  a request  for  the 
legislation  of  foreign  countries  upon  a given  subject,  e.  g.,  regulations 
of  trade  in  foreign  countries;  (4)  a request  for  any  laws  attempting  to 
legislate  for  a particular  class  of  interests  in  a particular  way,  e.  g., 
foreign  statutes  encouraging  by  bounties  the  merchant  marine  or  sugar 
production. 

A response  to  such  inquiries,  except  possibly  the  first,  can  at  present 
be  neither  prompt,  certain,  brief,  nor  conclusive.  Even  if  the  statutes 
are  here,  they  must  be  traced  down  from  a mass,  and  the  time  of  the 
inquirer  and  of  the  Library  unnecessarily  consumed  both  in  the  search 
and  in  the  examination  of  laws  which,  though  having  a bearing  upon 
the  general  subject,  would  by  index  or  digest  be  shown  to  have  no 


212 


Report  of  the  Librarian  of  Congress 


bearing  upon  the  particular  points  in  which  the  inquirer  is  interested. 
With  the  index  well  under  way,  the  material  perfected  and  system- 
atized, and  an  organization  whose  particular  function  would  be  to 
answer  just  such  inquiries,  the  response  might  have  all  four  of  these 
requisites — promptness,  certainty,  brevity,  and  conclusiveness. 

In  addition  to  inquiries  from  Congress  are  inquiries  from  executive 
departments  and  scientific  bureaus  of  the  Government,  andfrom  various 
commissions  established  from  time  to  time  to  investigate  and  report 
to  Congress.  The  work  of  the  departments  and  scientific  bureaus 
quite  often  calls  for  an  investigation  of  foreign  legislation  on  a given 
subject.  (I  may  instance  a present  investigation  by  the  Agricultural 
Department  as  to  foreign  laws  regulating  the  inspection  of  meats.) 
The  commissions  created  by  Congress  to  investigate  and  report  almost 
invariably  include  in  their  report  a summary  of  foreign  legislation.  In 
the  absence  of  any  digest  of  foreign  statute  laws  these  investigations 
have  to  be  special  and  can  not  but  be  costly  and,  to  a great  extent, 
repetitious.  With  the  index  thoroughly  established,  both  special  inves- 
tigation and  repetition  would  be  avoided. 

Beyond  the  uses  of  Congress,  of  other  legislative  bodies,  and  of  the 
scientific  bureaus  or  executive  commissions,  there  would  be  the  use  of 
the  student  and  investigator.  The  service  to  these  is  so  obvious  as  to 
need  no  explanation.  There  is  no  class  of  material  in  the  Library  as 
to  which  individual  effort  on  the  part  of  the  inquirer  is  so  extravagant 
or  apt  to  be  so  futile  as  it  is  in  the  case  of  the  material  of  documents  and 
legislation  generally.  There  is  none  which  is  so  inert  unless  galvanized 
by  some  system  of  digest  and  exposition. 

The  undertaking  would  be  one  apart  from  the  routine  of  the  present 
administration  of  the  Library,  but  it  is  one  which  I have  felt  called 
upon  to  recommend,  because  it  seems  to  have  a logical  claim  upon  the 
National  Library  from  its  preeminent  resources,  its  relation  of  service 
to  other  institutions,  and  its  peculiar  duty,  not  merely  as  a general 
library,  but  as  the  chief  legislative  library  of  this  country. 

I do  not  recommend  it,  however,  unless  the  appropriation  can  be 
sufficient  to  insure  that  the  work  shall  be  comprehensive,  thorough, 
scientific,  and  the  results  authoritative.  I may  have  underestimated 
the  cost.  I am  sure  that  I have  not  overestimated  it. 

Very  respectfully 


Herbert  Putnam 
Librarian  of  Congress 


Hon.  Henry  H.  Bingham 

Chairman  Subcommittee  on  Appropriations 

House  of  Representatives 


Exhibit  9. — Statutory  Law  Service 

About  five  years  ago  the  Librarian  of  Congress  proposed  to  Congress 
the  establishment  of  a permanent  bureau  which  should  prepare  an 
“index  to  comparative  legislation,”  and  in  particular  he  emphasized 
the  indexing  of  foreign  legislation.  The  proposal  called  for  an  annual 
expenditure  of  at  least  $28,000.  It  has  been  recommended  each  year 


Legislative  Reference  Bureaus  213 

since  1902  to  the  Appropriations  Committee,  but  no  action  has  been 
taken  by  the  committee. 

For  the  fiscal  year  1906-7  Congress  appropriated  $5,840  to  establish 
m the  law  library  a law  service  which  should  prepare  a scientific  index 
to  all  the  statutes  and  treaties  of  the  United  States.  For  the  fiscal  year 
1907-8  this  sum  of  $5,840  was  continued,  together  with  $5 ,000  additional 
carried  in  the  general  deficiency  bill,  for  the  purpose  of  hastening  the 
preparation  of  that  portion  of  the  index  which  would  refer  to  the  stat- 
utes found  in  the  Revised  Statutes  of  1873  and  the  sessional  statutes 
subsequently  enacted. 

Gradually  there  has  been  gathered  for  this  study  of  the  statutes  a 
small  group  of  young  lawyers.  The  task  involves  a most  exacting 
study  of  our  existing  statute  law,  and  to  insure  successful  results  calls 
for  the  finest  quality  of  legal  mind.  Several  lawyers,  highly  recom- 
mended, have  tried  the  work  and  failed,  either  because  they  lacked 
alertness  of  mind,  ability  to  differentiate  between  the  fundamental 
and  incidental  analogies  of  the  principles  involved  in  the  statutes, 
retentive  memory  for  the  numerous  categories  and  the  concepts  given 
to  each  of  them,  or  the  capacity  to  use  precise  and  concise  legal  diction. 

To  prepare  expeditiously  a guide,  in  detail,  to  the  innumerable  sub- 
jects found  in  the  40,000  pages  of  statutes  and  treaties  it  was  necessary 
that  the  work  should  be  taken  up  cooperatively.  To  insure  uniformity 
and  harmony  in  a large  index  prepared  by  several  persons,  it  was  nec- 
essary that  they  should  employ  identical  methods  from  day  to  day 
throughout  the  entire  work.  Of  the  processes  involved  in  indexing, 
classification  is  probably  the  one  most  susceptible  to  indefinite  varia- 
tion. To  eliminate  such  a danger  and  provide  a means  for  keeping 
together,  it  was  necessary  to  prepare  at  the  outset  a tentative  plan  of 
subject  headings,  subheadings,  and  cross  references.  As  initial  work, 
this  classification  plan  was  difficult  to  prepare,  and  it  is  constantly 
being  modified  in  connection  with  the  close  study  now  being  given  the 
statutes.  The  classification  plan  will  therefore  only  be  completed 
when  the  whole  index  is  completed.  If  it  should  meet  substantial 
approval  and  have  the  effect,  which  is  expected,  of  greatly  economizing 
the  time  of  all  inquirers  seeking  Federal  statute  law,  a strong  reason 
would  exist  for  subjecting  the  State  statutes  to  the  same  scientific 
treatment. 

The  practical  importance  of  a detailed,  comparative  index  to  the 
constitutions  and  statutes  of  the  States  of  the  United  States  needs  no 
argument.  Were  the  separate  indexes  to  the  sessional  statutes,  revi- 
sions, and  codes  of  all  the  States  constructed  in  accordance  with  an 
approximately  uniform  system  of  classification,  a comparative  index 
to  the  legislation  of  this  country  would  exist  which  would  be  of  practical 
use  to  the  profession,  to  legislators,  to  scholars,  and  to  those  who  under- 
take from  time  to  time  to  prepare  consolidations  of  the  sessional  statutes 
in  the  shape  of  revisions  and  codes.  With  a standard  plan  of  classifica- 
tion once  scientifically  prepared  and  the  constitutions,  statutes,  and 
codes  regularly  indexed  by  lawyers  of  aptitude  and  training  for  the 
task,  a handy  comparative  index  to  any  subject  of  constitutional  or 
statute  law  could  be  readily  compiled. 


214  Report  of  the  Librarian  of  Congress 

Each  of  the  lawyers  engaged  in  the  present  undertaking  has  taken 
a group  of  the  subjects  treated  of  in  the  Federal  statutes  and  has  pro- 
ceeded to  read  systematically  the  entire  body  of  acts,  joint  resolutions, 
etc. , and  to  study  and  index  such  of  them  as  deal  with  his  particular 
subjects.  To  index  accurately  and  with  fullness  the  detail  of  any  sub- 
ject, complete  knowledge  of  it  in  its  various  phases  and  also  of  its 
various  relations  to  cognate  subjects  is  required.  Of  course  a mastery 
of  any  considerable  number  of  the  numerous  subjects  in  the  statutes, 
as  they  are  administered  by  the  executives  and  interpreted  by  the 
courts,  is  impossible  without  long  study. 

Right  here  it  should  be  noted  that  the  parliamentary  draftsmen  who  are 
employed  by  the  legislative  bodies  of  England,  France,  Germany,  and 
other  countries  to  index,  consolidate,  and  draft  statutes  make  no  pre- 
tension to  omniscience  of  the  subject  matter  of  the  law.  They  aim 
to  have  a comprehensive  knowledge  of  the  law  in  its  various  relations, 
particularly  of  the  statute  law  (including  its  relation  to  executive  rules 
and  regulations),  and  of  the  problems  respecting  its  form  and  phrase- 
ology. They  claim,  also,  to  know  enough  to  consult  the  lawyers  and 
others  who  are  specialists  in  subject  matter.  For  the  employment  of 
such  specialists  by  the  parliamentary  draftsmen  of  England,  $7,500  is 
annually  appropriated  to  be  used  or  not  as  occasion  requires. 

It  is  frequently  said  that  indexing  of  statutes  calls  for  a “peculiar” 
sort  of  mind.  And  so  it  does,  but  not  in  the  sense  in  which  the  word  is 
understood  by  those  who  make  the  remark.  Throughout  this  country 
there  has  been  no  systematic  study  of  the  statutes  by  able  lawyers  who 
were  devoting  themselves  to  it  as  a life  work.  From  time  to  time  indi- 
viduals have  been  called  in  from  other  pursuits  in  the  law,  or  from 
other  business,  to  engage  temporarily  in  the  preparation  of  a compilation, 
revision,  code,  or  index  of  the  statutes.  Indexes  are  generally  prepared 
by  men  of  very  ordinary  ability  who  have  little  or  no  legal  training. 
Their  slow  mental  processes  and  lack  of  method  usually  prevent  them 
from  using  the  stenographic  and  other  clerical  assistants  which  relieve 
such  work  of  the  humdrum  drudgery  with  which  it  is  generally  regarded. 
Where  a study  of  the  statutes  is  undertaken  by  lawyers  of  real  legal 
ability,  well  trained  in  history  and  political  science,  who  command  the 
use  of  precise  diction  and  are  alive  to  the  method  and  form  involved  in 
philosophical  law  work,  who  have  an  aptitude  for  constructive  law 
work  of  a comprehensive  character  and  an  alert,  practical  judgment  in 
the  analysis  and  synthesis  of  statutory  materials,  the  study  of  the  stat- 
utes for  the  purpose  of  bringing  to  light  the  numerous  correlations 
becomes  a delightful  task.  Such  work  demands  a division  of  labor. 
The  lawyer  must  confine  his  attention  to  the  legal  problems  involved 
and  be  able  to  relegate  to  different  clerks  the  doing  of  the  different 
processes  which  he  devises  as  incidental  to  his  purpose.  The  lawyer 
who  is  unable  to  do  this  is  absolutely  unfit  to  index  statutes  or  assume 
any  other  responsible  work  connected  with  a statutory  law  service. 

In  the  proposals  and  discussions  hitherto  in  regard  to  indexing  legis- 
lation and,  indeed,  in  the  work  which  has  been  undertaken,  the  quali- 
ties of  mind  and  training  of  those  who  are  required  to  perform  the  work 


Legislative  Reference  Bureaus  215 

have  not  been  appreciated.  An  index  is  a guide.  Guides  are  made  to 
economize  time  and  give  certainty.  A good  index  is  one  which  leads 
an  inquirer  directly  to  what  he  wants  and  puts  him  in  touch  with  all 
that  he  seeks.  The  insight  and  comprehensive  knowledge  which  a 
lawyer  must  have  who  presumes  to  foresee  what  other  lawyers  may  want 
in  the  body  of  statutes  have  apparently  escaped  the  attention  of  those 
who  have  given  the  subject  of  indexing  the  statutes  consideration. 
Such  indexes  must  meet  the  practical  needs  of  the  lawyer  because 
sooner  or  later  all  exact  and  serious  use  of  the  statutes  falls  to  men 
trained  in  law. 

The  tremendous  increase  throughout  the  world,  and  particularly  in 
the  United  States,  in  legislative-made  law  is  a matter  of  current  com- 
ment. Reliable  indexes  to  this  vast  material  should  be  made.  Econ- 
omy demands  it.  The  aggregate  cost  of  time  now  expended  in  separate 
searches,  because  of  the  lack  of  such  indexes,  is  immeasurable.  But 
this  cost  is  a bagatelle  compared  with  that  which  proceeds  from  the 
unspeakable  condition  of  the  statutes  themselves.  For  under  this  head 
must  be  reckoned  not  only  the  cost  of  useless  litigation  and  unnecessary 
injustices,  but  the  demoralizing  effect  upon  society  which  lawless 
statutes  produce  in  the  way  of  lawlessness.  Therefore  the  cost  of  a 
statutory-law  service  is  trifling  in  comparison  with  the  economies 
which  may  be  effected  if  lawyers  of  the  right  quality  are  permanently 
employed  to  study  the  statutes  and  index  them  and  the  fruits  of  their 
experience  and  skill  are  made  use  of  by  the  legislators. 

The  practical  relation  of  scientific  indexes  to  better  legislation  has 
not  been  understood  in  this  country.  It  should  be  carefully  considered. 
By  bringing  to  light  all  the  law  which  has  a bearing  on  the  subjects  of 
proposed  legislation,  such  indexes  would  undoubtedly  enable  our 
legislators  (particularly  if  they  avail  themselves  of  the  assistance  of  the 
statutory  specialists  who  made  the  indexes)  to  prepare  statutes  which 
are  not  only  more  harmonious  and  consistent  in  principle,  precise  in 
phraseology,  and  clear  and  intelligible  in  form,  but  which  are  better  in 
subject  matter,  fewer  in  number,  and  shorter  in  length.  If  one  would 
get  an  idea  of  the  pathology,  or  nosology  of  our  statutory  drafting, 
he  should  read  the  books  on  statutory  construction.  They  illustrate 
Copiously  the  bad  drafting  which  comes  from  not  employing  lawyers 
who  are  habituated  to  the  exact,  painstaking  work  of  indexing,  drafting, 
and  consolidating  the  statutes. 

On  the  Continent  of  Europe,  where  they  have  been  preparing  codes 
and  revisions  for  2,000  years,  and  in  England,  a detailed  subject  index 
of  the  statutes  has  generally  been  considered  a prerequisite  process  of 
the  scientific  method  which  should  be  employed  in  the  preparation  of 
an  accurate  and  orderly  revision,  consolidation,  or  codification  of  the 
sessional  statutes.  The  correlations  secured  by  means  of  a scientific  in- 
dex afford,  not  only  the  only  safeguard  against  an  inadvertent  omission 
of  any  items  in  the  sessional  statutes,  but  they  are  absolutely  essential 
to  the  most  logical  and  practical  classification  of  the  subject  matter 
of  the  sessional  statutes.  The  study  which  is  given  the  statutes  in  the 
preparation  of  an  index  to  them  is  cursory  compared  to  that  which  may 
i°°550— 11 15 


2l6 


Report  of  the  Librarian  of  Congress 

be  necessary  on  any  particular  subject  in  the  preparation  of  a code  or 
consolidation  of  it,  but  the  understanding  of  the  historical  and  com- 
parative relations  of  the  statutes  as  a whole  with  their  particular  parts, 
which  may  be  gained  by  an  able  lawyer  in  scientifically  indexing 
them,  becomes  invaluable  to  him  in  the  preparation  of  a consolidation 
or  in  the  drafting  of  supplementary  legislation. 

As  to  the  indexing  of  foreign  law,  it  is  possible  here  td  spend  a good 
deal  of  money  and  get  very  little  that  has  practical  use.  Like  the 
statutory  law  work  already  discussed,  it  requires  a legal  mind  of  par- 
ticular aptitude  and  judgment.  In  addition,  it  requires  that  the 
principles,  concepts,  and  conditions  of  a foreign-law  system  shall  be 
understood  in  the  terms  of  the  principles,  concepts,  and  conditions  of 
our  American  law  system.  The  absence  of  equivalents  necessitates 
careful  study  and  close  comparisons.  The  lawyers  who  have  the 
capacity  and  training  to  index  and  expound  foreign  legislation  are  few. 
It  would  therefore  be  wise  to  develop  this  phase  of  our  statutory  law 
work  gradually,  but  the  preparation  should  be  begun  at  once.  The 
initial  work  is  large  and  some  of  it  is  very  difficult.  Besides  collecting 
the  law  literature  of  each  country  which  is  most  practically  useful  and 
determining  the  classes  of  subjects  which  should  be  indexed  com- 
paratively, the  preparation  of  a classification  plan  must  be  taken  up. 
This  involves  many  perplexing  problems,  which  probably  could  be 
best  worked  out  in  connection  with  the  work  involved  in  answering  the 
inquiries  which  come  from  Congress  for  the  foreign  law  on  particular 
subjects.  By  the  use  in  such  special  investigations  of  carefully  thought- 
out  methods,  it  is  possible  to  develop  gradually  a system  of  records 
which  may  become  the  basis  for  the  ultimate  index. 

Congress,  like  all  the  American  legislatures,  is  constantly  informed 
that  such  and  such  has  been  the  legislative  action  of  some  foreign  state. 
At  present  there  is  absolutely  no  way  by  which  our  legislatures  can 
systematically  verify  these  assertions. 

Individuals  are  occasionally  employed  for  a short  time  at  high  com- 
pensation (because  temporary  service  ordinarily  costs  more  relatively 
than  permanent  service)  to  report  the  foreign  law  on  some  very  impor- 
tant subject.  Frequently  these  individuals  are  not  thoroughly  trained 
in  the  technicalities  of  American  law  and  the  foreign  laws  which  they 
must  handle.  Their  reports  therefore  lack  the  exactness  which  a 
serious  use  of  the  material  demands.  Such  reports,  too,  are  frequently 
inaccurate  for  another  reason.  To  search  any  law  subject  with  thor- 
oughness one  should  check  up  his  own  investigations  with  all  the  best 
treatises,  digests,  encyclopedias,  compilations,  and  other  lawreference 
books  to  be  had.  The  occasional  investigator  of  foreign  laws  not  only 
does  not  know  of  the  existence  of  many  of  these  law  reference  books, 
but,  because  such  books  have  not  been  systematically  gathered  by  any 
law  library,  he  is  frequently  unable  to  obtain  those  of  which  he  may 
know  in  time  for  his  investigation.  In  every  country  there  are  law 
books  published  which  are  inaccurate,  incomplete,  unindexed,  or 
poorly  indexed  and  arranged,  and  there  are  other  publications  which 
are  copiously  annotated,  accurate,  complete,  and  fully  indexed.  The 


Legislative  Reference  Bureaus  217 

occasional  investigator  of  foreign  law  can  hardly  be  expected  to  have 
the  latest  and  fullest  information  about  the  relative,  practical,  and 
scientific  value  of  the  law  literature  of  the  several  countries  which  are 
involved  in  his  report  on  a particular  subject. 

It  is  to  be  assumed  that  American  legislators  are  anxious  to  avail 
themselves  of  the  experience  and  suggestion  contained  in  foreign 
statutes  wherever  a particular  legislative  device,  after  careful  investi- 
gation of  the  surrounding  conditions,  seems  susceptible  of  practical 
adaptation.  Very  infrequently  is  it  safe  to  enact,  without  modifica- 
tion, the  statute  of  another  jurisdiction.  The  foreign  statute  may 
contain  a suggestion  which,  to  be  of  practical  use,  must  be  wisely 
adapted.  This  is  a fact  often  overlooked  by  the  superficial  and  clamor- 
ous reformers.  Every  consideration  of  prudence  and  economy  dictates 
that  Congress  should  have  its  own  permanently  employed  lawyers  for 
such  work,  that  they  should  be  persons  of  special  aptitude  and  training 
for  the  unique  task  and  thoroughly  devoted  to  the  particular  law  service 
for  which  they  are  retained. 

The  propriety  of  authorizing  the  law  library  to  undertake  this  law 
work  might  be  questioned  because  of  the  novelty  of  the  proposal.  The 
reasons  for  it  would  seem  to  be  that  such  a statutory-law  service,  in 
order  to  do  its  work,  must  be  diligently  employed  throughout  the  year 
whether  Congress  is  in  session  or  not;  that  the  Library  of  Congress  is 
the  only  branch  of  Congress  which  has  a permanent  and  responsible 
executive  organization;  that  the  supervision  of  such  a service  and  the 
furnishing  it  with  the  stationery  and  other  supplies  regularly  needed 
could  be  done  most  conveniently  through  the  organization  of  the 
Library  of  Congress;  that  from  the  nature  of  the  work  it  will  be  neces- 
sary constantly  to  use  the  law  books  and  periodicals  of  the  law  library; 
that  such  use  must  be  made  without  interfering  with  the  use  of  these 
materials  by  readers,  borrowers,  and  others  who  rely  upon  the  law 
library  collections;  that  a statutory-law  service  should  have  readily 
at  hand  the  experts  in  legal  bibliography  whom  the  law  library  must 
necessarily  employ  in  order  to  gather  its  law  literature ; that  in  general 
the  duties  of  procuring  the  law  literature  and  of  making  its  subject 
matter  available  to  the  needs  of  Congress  are  so  intimately  connected 
that  it  would  be  more  economical  and  efficient  to  establish  a statutory- 
law  service  in  connection  with  the  law  library;  further,  the  fact  that 
the  law  library  has  had  a place  in  the  Capitol  Building  for  many  years, 
and  that  a statutory-law  service  should  have  a location  in  the  Capital 
during  the  sessions  of  Congress  and  there  enjoy  the  fullest  access  to  a 
working  law  library,  makes  it  desirable  that  such  a service  should  form 
a part  of  the  law  library  organization;  finally,  it  would  be  generally 
admitted  by  the  Senators  and  Representatives  that  such  a service  must 
be  kept  strictly  out  of  politics  if  any  reliance  is  to  be  placed  upon  its 
assistance,  and  that  the  sole  consideration  in  the  selection  of  the  indi- 
vidual assistants  must  be  their  technical  fitness  for  statute-law  work. 

If  it  should  seem  that  the  points  urged  in  respect  to  the  study  of  stat- 
ute law  by  lawyers  of  aptitude  and  training  have  been  unduly  empha- 


2 1 8 Report  of  the  Librarian  of  Congress 

sized,  let  some  of  the  more  obvious  aspects  of  the  problem  be  borne  in 
mind. 

The  great  body  of  statutes  are  concerned  with  the  administrative  du- 
ties and  powers  of  the  public  authorities.  The  lawyer  in  general  prac- 
tice has  little  or  no  occasion  to  consider  in  a general  or  comprehensive 
way  the  administrative  system  as  a whole.  American  statutes  under- 
take to  regulate  legal  relations  in  much  more  minute  detail  than  is  done 
in  other  countries.  It  is  therefore  necessary  that  American  legislators 
should  have  a more  detailed  and  exact  knowledge  of  administrative  law 
than  the  legislators  of  other  countries,  and  this  necessity  is  again  empha- 
sized by  the  fact  that  the  chief  executive  authorities  of  all  other  popular 
lawmaking  countries  are  members  of  the  legislatures  and  are  expected 
to  initiate  legislation  and  stand  ready  in  debate  to  explain  the  relation 
of  the  existing  administrative  law  to  their  proposed  measures. 

In  other  constitutional  governments  the  interpretation  which  the 
legislature  may  give  the  constitution  is  final  and  its  enactments  are 
always  law.  In  the  United  States  the  judiciary  is  given  a veto  on  the 
statutes  which  do  not  conform  with  its  constitutional  interpretations. 
It  is  therefore  most  important  that  the  legislators  in  this  country  know 
more  concerning  the  decisions  of  the  courts  than  those  in  other  coun- 
tries. To  retain  the  confidence  of  the  public  and  to  avoid  the  humilia- 
tion of  attempting  to  enact  statutes  which  it  is  obvious  can  have  no 
legal  force,  our  legislatures  should  have  some  systematic  way  of  ascer- 
taining the  existing  law  which  is  incident  to  any  subject  of  proposed 
legislation. 

The  confusions,  contradictions,  and  defects  generally  in  the  form  and 
phraseology  of  the  American  statutes  are  subjects  of  common  reproach 
by  the  judiciary,  the  legal  profession  and  the  legislators  themselves. 
In  view  of  the  condition  of  the  statutes  enacted  in  foreign  countries,  it 
can  hardly  be  seriously  urged  that  faults  of  this  character  are  the  inevi- 
table accompaniment  of  lawmaking  by  popularly  elected  lawmakers. 

The  function  of  law  is  to  regulate  the  relationships  of  society.  The 
more  complex  those  relationships  become  the  more  difficult  they  are  to 
regulate.  The  increasing  complexity  of  modern  society  is  a matter  of 
current  comment,  likewise  the  swiftness  with  which  relations  are  estab- 
lished and  broken  among  men  in  our  moving  civilization.  The  legisla- 
tive methods  which  are  satisfactory  in  a rural  and  sparsely  settled  coun- 
try can  hardly  be  expected  to  succeed  in  a densely  populated  commun- 
ity engaged  in  innumerable  occupations.  There  is  a strong  tendency, 
particularly  in  the  United  States,  to  call  upon  our  legislatures  to  modify 
and  remedy  existing  law.  To  respond  to  such  demands,  the  legisla- 
tures should  have  their  own  special  assistants,  who  are  familiar  with  the 
legislative  point  of  view,  to  prepare  for  them  clear,  exact  statements  of 
the  existing  law  and  the  problems  involved  in  particular  subjects  of  pro- 
posed legislation.  Ours  is  the  only  great  country  having  popular  law- 
making bodies  which  fail  to  employ  specialists  in  statutory  law  to  assist 
them.  The  fact  that  this  device  has  been  developed  in  foreign  coun- 
tries should  be  no  objection  to  it  if  it  seems  to  offer,  in  some  degree,  a 
remedy  to  the  evils  which  are  recognized  and  deprecated  by  all.  At 


Legislative  Reference  Bureaus  219 

least,  such  a device  seems  worthy  of  serious  consideration  at  this  time. 
For  it  will  take  some  years  for  any  group  of  lawyers  to  develop  the  meth- 
ods and  skill  which  have  been  gradually  developed  abroad  by  the  law- 
yers who  are  employed  to  index  and  consolidate  the  statutes  and  to 
assist  in  the  drafting  of  new  legislation. 


ATTORNEYS  AND  ASSISTANTS  NEEDED 


As  a next  step  toward  the  establishment  of  a statutory-law  service  in 
the  Law  Library,  it  is  recommended  that  the  present  appropriation  of 
$10,840  be  increased  to  $20,440.  It  would  be  preferable  to  have  this 
appropriated  as  a lump  sum  for  the  payment  of  salaries,  as  follows: 


Foreign-law  attorney $3,  000 

Foreign-law  attorney  (these  men  must  be  well  trained  in  Anglo- 
American  law  and  between  them  have  a thorough  grasp  of  the 
principles  and  juristic  phraseology  of  the  law  of  the  Teutonic 

and  Latin  countries). 2,  500 

Foreign-law  stenographer  (he  must  have  some  training  in  law 

and  foreign  languages) 1,200 

The  total  appropriation  recommended  to  begin  the  foreign  statute 
law  service  is  $6,700. 

American-law  attorney $3,  000 

American-law  attorney 2,  500 

American-law  attorney 1,  800 

American-law  attorney 1,  500 

American-law  attorney  and  proof  reader 1,  200 

Law  stenographer 900 

Law  stenographer 720 

File  clerk 720 

Law  librarian  and  attorney 500 


The  total  appropriation  recommended  to  continue  the  statute-law 
service,  covering  statutes  in  the  English  language,  is  $13,740.  The 
study  of  the  English  statutes  and  British  colonial  statutes  for  the  pur- 
pose of  a comparative  index  to  foreign  statutes  would  be  conducted. by 
the  attorneys  who  are  at  present  indexing  the  statutes  and  treaties  of  the 
United  States.  During  the  period  when  Congress  is  in  session  they 
would  hold  themselves  in  readiness  to  prepare  reports  for  the  commit- 
tees of  the  Senate  and  House  on  any  subject  of  existing  law.  When 
Congress  is  adjourned  they  would  continue,  for  the  immediate  present, 
the  indexing,  which  has  been  begun.  They  would  also  prepare  com- 
plete tables  of  the  repeals  and  amendments  to  indicate  the  relations  of 
the  statutes  and  resolutions  in  these  respects.  The  index  and  tables  are 
basic  to  any  exact  work  in  connection  with  the  compiling,  consolidat- 
ing, or  drafting  of  statutes.  The  experience  gained  in  this  initial  study 
of  the  statutes  will  be  invaluable  to  the  doing  of  any  further  work  which 
Congress  may  authorize. 


220  Report  of  the  Librarian  of  Congress 

BILL  DRAFTING 
Exhibit  io 

[Extract  from  an  address  by  James  Bryce  (British  ambassador),  before  the  New  York 
State  Bar  Association,  Jan.  24,  1908.] 

To  secure  these  merits  two  things  are  needed,  viz,  that  a bill  as 
introduced  should  be  skillfully  drafted,  and  that  pains  should  be  taken 
to  see  that  all  amendments  made  are  also  properly  drafted,  and  that 
the  working  is  carefully  revised  at  the  last  stage  and  before  the  bill  is 
enacted.  Of  these  objects  the  former  is  in  England  pretty  well  secured 
by  the  modem  practice  of  having  all  government  bills — these  being 
the  most  important  and  the  large  majority  of  those  that  pass — prepared 
by  the  official  draftsman,  called  the  parliamentary  counsel  to  the 
treasury.  If  the  form  is  not  always  satisfactory,  that  is  due  not  to  his 
fault,  but  to  parliamentary  considerations,  viz,  the  need  for  putting 
measures  into  shape  which  makes  it  least  difficult  to  run  them  through 
Parliament.  As  respects  amendments  in  committee  and  final  revision, 
our  English  procedure  is  not  satisfactory.  There  ought  to  be  some 
means  of  correcting,  before  a measure  finally  passes,  those  inelegancies, 
redundancies,  and  ambiguities  which  the  process  of  amending  in  com- 
mittee usually  causes.  But  as  Parliament  has,  so  far,  refused  to  allow 
any  authority  outside  itself  to  alter  the  wording  in  the  smallest  point 
of  form,  all  that  can  be  done  is  to  use  the  last  stage  of  the  bill  to  cure 
such  blemishes  as  can  be  discovered.  Doubtless  the  same  difficulties 
arise  here.  I am  not  fully  informed  as  to  how  they  are  dealt  with,  but 
have  learned  with  great  interest  of  the  efforts  recently  made  in  Wis- 
consin, under  the  zealous  initiative  of  Mr.  McCarthy,  and  in  this  State 
also,  to  supply  by  a bureau  of  legislation  assistance  to  members  of  the 
legislature  in  the  preparation  of  their  bills.  The  value  of  this  seems 
to  have  been  already  recognized  in  both  States,  and  I hear  that  there 
are  now  seven  States  in  all  where  arrangements  are  made  by  State 
authority  for  such  help. — [From  Columbia  Law  Review,  vol.  8,  Mar., 
1908,  pp.  160-161.] 


Exhibit  ii 

[“The  Need  of  Parliamentary  Draftsmen,”  by  F.  J.  Stimson.  Extract  from  his  “Pop- 
ular Law  Making,”  1910,  pp.  361-363.] 

The  most  important  statute  of  the  United  States  is  perhaps  the  most 
horrible  example  of  slovenliness,  bad  form,  and  contradiction  of  all. 
The  Hepburn  Act  is  the  amended  interstate-commerce  act,  and  is 
printed  by  Congress  in  a pamphlet  incorporating  with  it  quite  a differ- 
ent act,  known  as  the  Elkins  Act,  besides  the  safety-appliance  act,  the 
arbitration  act,  and  several  others.  We  all  remember  under  what 
political  stress  this  legislation  was  passed,  with  Congress  balking,  the 
Senators  going  one  way,  the  Attorney-General  another,  the  radical 
Congressmen  in  front,  and  the  President  pushing  them  all.  It  is  easily 
intelligible  that  such  a condition  of  things  should  not  tend  to  lucid 
legislation,  particularly  when  an  opposing  minority  do  not  desire  the 


Legislative  Reference  Bureaus  22 1 

legislation  at  all,  and  hope  to  leave  it  in  such  a shape  as  to  be  contra- 
dictory, or  unconstitutional — or  both.  (This  has  been  intentionally 
done  more  than  once.)  All  of  it  a mass  of  contradictions  or  overlaying 
amendments;  the  first  important  part  of  it  which  came  under  the 
scrutiny  of  the  Supreme  Court  only  escaped  being  held  unconstitu- 
tional by  being  emasculated.  Its  other  clauses  have  yet  to  face  that 
dreaded  scrutiny.  Its  basic  principle  has  yet  to  be  declared  consti- 
tutional, while  the  only  principle  which  has  proved  of  any  value  was 
law  already.  This  wonderful  product  of  compromise  starts  off  by 
saying  “Be  it  enacted,  etc.,  section  1 as  amended  June  29,  1906.”  It 
begins  with  an  amendment  to  itself.  It  does  not  tell  you  how  much  of 
the  prior  law  was  repealed,  except  upon  a careful  scrutiny  which  only 
paid  lawyers  were  willing  to  give.  Upon  the  old  interstate-commerce 
act  of  1887,  after  quoting  it  substantially  in  full,  it  adds  a mass  of  other 
provisions,  some  of  which  are  in  pari  materia,  some  not;  some  contra- 
dictory and  some  mere  repetitions.  It  amends  acts  by  later  acts,  and, 
before  they  have  gone  into  effect,  wipes  them  out  by  substitutions.  It 
hitches  on  extraneous  matters  and  it  amends  past  legislation  by  mere 
inference.  Like  a hornet,  it  stings  in  the  end,  where  revolutionary 
changes  are  introduced  by  altering  or  adding  a word  or  two  in  sections 
a page  long,  and  it  ends  with  the  cheerful  but  too  usual  statement  that 
“all  laws  and  parts  of  laws  in  conflict  with  provisions  of  this  act  are 
hereby  repealed.”  As  a result  no  one  can  honestly  say  he  is  sure  he 
understands  it,  any  more  than  any  serious  lawyer  can  be  certain  that 
its  important  provisions  are  any  one  of  them  constitutional.  And  that 
huge  statute  with  sections  numbered  1,  2,  5,  16,  16 a,  etc.,  with  amend- 
ments added  and  substituted,  amended  and  unamended,  is  contained 
in  27  closely  printed  pages.  I venture  to  assert  boldly  that  any  com- 
petent lawyer  who  is  also  a good  parliamentary  draftsman  could  put 
those  27  pages  of  obscurity  into  4 pages,  at  most,  of  lucidity,  with  two 
days’  honest  work.  By  how  little  wisdom  the  world  is  governed ! And 
how  little  the  representatives  of  the  people  care  for  the  litigation  or 
trouble  or  expense  that  their  own  slovenliness  causes  the  people! 
For  the  necessity  of  political  compromise  is  no  excuse  for  this. 

I therefore  urged  before  the  National  Association  of  State  Libraries, 
at  their  annual  meeting  of  1909,  that  they  should  use  their  influence 
with  the  various  State  governments  at  least  (1)  that  all  revisions  be 
authenticated,  authorized,  and  published  by  the  State;  (2)  that  the 
annual  laws  be  separated,  public  from  private,  and  be  printed  by  num- 
bered chapters  arranged  either  chronologically  or  topically;  (3)  that 
the  indexes  be  arranged  under  the  40  general  heads  used  by  the  New 
York  State  Library  in  its  annual  digest,  with  such  additional  heads  as 
may,  perhaps,  prove  necessary  in  some  States,  such  as,  for  instance, 
Louisiana,  which  has  subjects  and  titles  of  jurisprudence  not  known  to 
the  ordinary  common-law  States ; (4)  that  the  constitutions  be  printed 
with  the  laws;  (5)  that  every  State,  under  a law,  employ  a permanent, 
paid  parliamentary  or  legislative  draftsman  whose  duty  it  shall  be  to 
| recast,  at  least  in  matters  of  style  and  arrangement,  all  acts  before  they 
I are  passed  to  be  engrossed. 


222 


Report  of  the  Librarian  of  Congress 

Any  private  member  introducing  a bill  can,  of  course,  avail  himself 
of  the  draftsman’s  services  before  the  bill  is  originally  drawn.  His 
advice  may  be  required  by  the  legislature  or  by  legislative  committees 
on  the  question  whether  the  proposed  legislation  is  necessary;  that  is 
to  say,  whether  it  is  not  covered  by  laws  previously  existing.  It  shall 
be  his  duty  then  to  edit  the  laws,  arrange  them  for  publication,  and  to 
authenticate  by  his  signature  the  volumes  of  the  annual  laws.  One 
person  is  better  than  two  or  three  for  such  work,  but  he  should  be  paid 
a very  large  salary  so  that  he  can  afford  to  make  it  his  life  work.  He 
should  be  appointed  for  a very  long  term  and  should  have  ample 
clerical  assistance.  It  should  also  be  his  duty  to  correspond  and 
exchange  information  with  similar  officials  in  other  States. 


Exhibit  12 

[Extract  from  recommendation  of  a committee  (headed  by  Judge  Baldwin)  “on  im- 
proving methods  of  legislation”  proposing  (for  each  State  and  the  United  States)  a 
“joint  standing  committee  (of  the  legislative  body)  for  the  revision  of  bills.”] 

Your  committee  would  recommend  the  adoption  of  the  following 
resolutions : 

1.  Resolved,  That  in  the  opinion  of  the  American  Bar  Association  a 
fundamental  change  is  necessary  in  the  methods  of  enacting  laws 
throughout  the  United  States;  that  both  in  Congress  and  the  legisla- 
tive bodies  of  the  States  laws  are  enacted  without  responsibility  and 
without  any  such  safeguards  and  methods  as  will  insure  responsibility 
for  laws  to  be  enacted,  accuracy  in  their  expression,  their  harmony 
with  existing  law,  or  to  prevent  the  machinery  of  legislation  from 
being  used  by  sinister  interests  against  the  public  weal. 

2.  Resolved,  That  in  the  opinion  of  the  American  Bar  Association 
such  constitutional  amendments  should  be  incorporated  in  the  funda- 
mental laws  of  the  various  States  and  of  the  United  States  as  will  create 
responsibility  for  public  legislation  and  as  will  call  into  being  some 
revisory  power  over  proposed  legislation  other  than  the  mere  veto 
power  of  the  President  and  of  the  governors. 

3.  Resolved,  That  the  following  draft  act  if  adopted  in  the  several 
States  would,  in  the  judgment  of  the  association,  do  much  to  remedy 
the  evils  in  question;  that  the  local  councils  in  each  State  be  requested 
to  endeavor  to  secure  its  passage  therein ; and  that  the  secretary  print 
it  in  suitable  form  for  legislative  consideration  and  furnish  copies  to 
each  councilor,  with  a circular  letter  calling  his  attention  to  these 
resolutions: 

AN  ACT  To  create  a joint  standing  committee  for  the  revision  of  bills. 

Section  i.  Within  the  first  10  days  of  every  stated  or  special  ses- 
sion of  the  [here  insert  the  proper  name  of  the  legislative  body],  the 
president  of  the  senate  shall  appoint  five  senators  and  the  speaker 
of  the  [house]  shall  appoint  five  members  of  the  [here  insert  house 
of  representatives,  assembly  or  other  proper  designation  of  the  other 
house],  who  shall  together  constitute  a joint  standing  committee 
for  the  revision  of  bills.  Said  committee  shall  have  power  to 


Legislative  Reference  Bureaus  223 

require  the  assistance  of  the  attorney  general  and  his  presence  at 
their  sessions,  or,  in  case  of  his  inability  to  act,  to  employ  counsel 
and  to  fix,  subject  to  the  written  approval  of  the  governor,  the 
compensation  to  be  paid  such  counsel. 

Sec.  2 . Every  bill  shall,  after  the  same  shall  have  passed  the  legis- 
lature, and  before  it  is  signed  by  the  presiding  officer  of  either 
house,  be  submitted  to  said  joint  committee  for  report  thereon,  and 
said  committee  shall  report  the  same  back  to  the  house  in  which 
it  originated.  Said  report  shall  contain  such  suggestions  for  amend- 
ments as  may  by  said  committee  be  regarded  as  necessary  to 
make  the  bill  express  clearly  the  intention  of  the  legislature,  and 
harmonize  with  existing  statutes  and  constitutional  provisions,  or 
shall  state  that  in  the  opinion  of  the  committee  no  amendments 
are  necessary.  Said  bill  shall  then  be  considered  and  acted  upon 
as  to  its  final  passage. 

4.  And  it  is  further  resolved,  That  a fundamental  division  should  be 
made  between  public  and  private  legislation,  and  that  the  expediency 
of  passing  every  local  or  special  bill  should  be  tried  as  a question  of 
fact  before  an  appropriate  legislative  committee,  who  may  call  in  to  sit 
with  them  experts  upon  the  questions  to  which  the  bills  relate,  and 
may  command  the  assistance  of  counsel,  and  that  the  expenses  of  such 
trials  should  be  borne  wholly  by  the  private  and  local  interest  pro- 
moting the  bill;  and  that  no  private  legislation  should  be  considered 
except  upon  a petition  to  the  legislature,  previously  filed  for  a reason- 
able time  in  the  office  of  the  secretary  of  the  state,  and  accompanied 
by  a bond  with  surety,  to  be  filed  therewith  and  approved  by  the 
attorney  general  or  State  treasurer,  to  secure  the  payment  of  all  ex- 
penses and  fees  incident  to  such  legislation,  which  expenses  and  fees 
shall  be  such  as  the  legislature  shall  by  general  law  determine. — [From 
American  Bar  Association.  Report  of  the  ninth  annual  meeting,  Aug. 
18,  19,  and  20,  1886,  pp.  284-286,  Philadelphia,  1886.] 


Exhibit  13 

[Extracts  from  “American  Legislatures  and  Legislative  Methods,”  1907,  by  Paul  S. 

Reinsch,  pp.  325-328.] 

The  defective  character  of  the  legislative  product  in  the  United  States 
has  led  to  a serious  consideration  of  methods  of  relief  from  this  condition. 
As  early  as  1882,  the  American  Bar  Association  passed  a resolution  rec- 
ommending “the  adoption  by  the  several  States  of  a permanent  system 
by  which  the  important  duty  of  revising  and  maturing  the  acts  intro- 
duced into  the  legislatures  shall  be  intrusted  to  competent  officers, 
either  by  the  creation  of  special  commissions  or  committees  of  revision, 
or  by  devolving  the  duty  upon  the  attorney  general  of  the  State.  ” In 
1886  there  was  submitted  to  the  Bar  Association  a draft  bill  by  which  it 
was  provided  that  the  legislature  was  to  appoint  a joint  committee  on 
the  revision  of  bills,  to  which  all  bills  after  passing  both  houses  should 
be  referred  for  examination  as  to  clearness  of  expression  and  harmony 
with  existing  statutes.  This  method  has  actually  been  employed  in 
the  Legislature  of  New  York  and  in  many  other  States.  But  it  has  noc 
solved  the  difficulty.  It  is  almost  impossible  to  find  members  of  the 


224  Report  of  the  Librarian  of  Congress 

legislature  who  will  devote  their  time  to  this  work  during  the  very  part 
of  the  session  when  their  attention  is  most  actively  engaged  by  matters 
before  the  houses. 

***** 

More  effective  work  in  improving  the  legislative  product  can  be  done 
by  an  expert  counsel  to  whom  members  may  go  for  advice  and  the 
drafting  of  their  bills  and  to  whose  scrutiny  all  measures  are  to  be  sub- 
mitted before  final  enactment.  The  attorney  general,  aside  from  being 
a political  and  partisan  official,  is  too  busy  with  the  general  duties  of 
his  office  to  give  effective  assistance  in  this  respect.  A thoroughly 
capable  expert  who,  with  his  assistants,  could  give  all  his  attention  to 
this  exacting  and  important  work  would  be  able  to  improve  the  techni- 
cal quality  of  legislation  materially.  A beginning  has  been  made  by  the 
appointment  of  legislative  counsel  and  draftsmen  in  New  York,  South 
Carolina,  Connecticut,  New  Jersey,  and  Wisconsin,  but  a further  devel- 
opment of  this  system  is  highly  to  be  desired.  In  the  British  Parlia- 
ment no  bill  is  introduced  which  has  not  passed  through  the  hands  of  the 
official  draftsman,  a highly  salaried  and  experienced  official.  He  gives 
enactments  the  form  in  which  they  will  surely  accomplish  the  object 
desired  and  which  will  place  their  provisions  in  harmony  with  the  rest 
of  the  law.  The  functions  of  this  position  require  an  expert  knowledge 
of  the  statute  and  the  common  law,  as  well  as  powers  of  incisive  analy- 
sis and  lucid,  brief,  and  conclusive  statement.  The  British  statutes 
drawn  under  this  system  are  indeed  models  of  workmanship,  being  free 
from  the  verbiage,  redundancy,  and  obscurity  which  characterize  so 
many  American  enactments.  Justice  Stephen  has  stated  the  require- 
ments of  a legislative  draftsman  in  the  following  language : 

“It  is  not  enough  to  attain  to  a degree  of  precision  which  a person 
reading  in  good  faith  can  understand,  but  it  is  necessary  to  attain,  if 
possible,  to  a degree  of  precision  which  a person  reading  in  bad  faith  can 
not  misunderstand.  It  is  all  the  better  if  he  can  not  pretend  to  mis- 
understand it.  ” 


Exhibit  14. — Statutes  and  Rubes  Rebating  to  Bibb  Drafting 

NEW  YORK 

(Consolidated  laws  1909.  Legislative  law,  v.  3,  p.  2116.) 

Sec.  24.  Drafting  and  revision  of  bills. — The  temporary  president  of 
the  senate  and  the  speaker  of  the  assembly  shall  appoint  such  pumber 
of  competent  persons  as  may  be  needed,  not  exceeding  three,  whose 
duty  it  shall  be  during  the  session  of  the  legislature,  on  request  of  either 
house  of  the  legislature  or  of  any  committee,  member,  or  officer  thereof, 
to  draft  bills,  examine  and  revise  proposed  bills,  and  advise  as  to  the 
consistency  or  other  effect  of  proposed  legislation.  Such  persons  shall 
receive  a compensation  to  be  fixed  by  the  temporary  president  of  the 
senate  and  the  speaker  of  the  assembly,  and  shall  be  entitled  to  their 
clerical  and  other  necessary  expenses,  to  be  approved  by  such  officers. 


Legislative  Reference  Bureaus  225 

CONNECTICUT 

(General  Statutes.  Revision  of  1902,  title  2,  the  general  assembly, 
p.  90.) 

i Sec.  37.  Duties  of  clerk  of  bills. — The  clerk  of  bills  shall  assist  mem- 
bers of  the  general  assembly  in  drafting  bills  for  public  acts  and  resolu- 
tions of  a public  nature,  and  prepare  amendments  to  or  substitutes 
for  bills  or  resolutions  at  the  request  of  committees.  Every  bill  or 
resolution  favorably  acted  upon  by  any  committee  of  the  general  assem- 
bly shall,  before  being  reported  to  either  branch  thereof,  be  first  sub- 
mitted to  the  clerk  of  bills,  who  shall  examine  such  bill  or  resolution 
in  respect  to  its  form,  for  the  purpose  of  avoiding  repetitions  and  uncon- 
stitutional provisions  and  insuring  accuracy  in  the  text  and  references, 
clearness  and  conciseness  in  the  phraseology,  and  the  consistency  of 
statutes.  He  shall  return  to  the  committee  submitting  it  any  bill  or 
[resolution  that  is  not  in  correct  form,  with  such  corrections  as  he  may 
propose  in  the  form  of  a substitute  or  as  amendments.  He  shall  keep 
a record  of  each  petition,  bill  for  a public  act,  and  resolution  intro- 
duced in  the  house  or  senate,  and  such  record  shall  be  so  kept  in  detail 
that  it  will  disclose  where  said  petition,  bill,  or  resolution  may  be  found. 
Such  record  shall,  at  all  times,  be  open  to  the  inspection  of  members  of 
the  general  assembly  and  to  all  executive  State  officials.  (1901,  ch.  1, 
secs.  2,  3,  4.) 

(Joint  rules  of  the  senate  and  house  of  representatives.  Part  of  Rule  X.) 

It  shall  be  the  duty  of  the  clerk  of  bills  to  prepare  bills  for  public 
acts  and  resolutions  of  a public  nature  and  amendments  at  the  request 
of  any  committee  or  member  of  the  general  assembly,  and  before  any 
bill  or  resolution  is  favorably  reported  by  the  committee  to  which  it 
has  been  referred  it  shall  be  submitted  to  the  clerk  of  bills,  who  shall 
examine  such  bill  or  resolution  and  make  such  corrections  therein  as 
may  be  necessary  for  the  purpose  of  avoiding  repetitions  and  uncon- 
stitutional provisions,  and  of  insuring  accuracy  in  the  text  and  refer- 
ences, clearness  and  conciseness  in  the  phraseology,  and  consistency 
with  existing  statutes.  Whenever  a bill  or  resolution  not  bearing  the 
indorsement  of  the  clerk  of  bills  as  having  been  so  examined  shall  be 
favorably  reported,  the  clerk  of  the  senate  or  house,  as  the  case  may  be, 
shall  immediately  transmit  the  same  to  the  clerk  of  bills  for  examination 
and  indorsement. 

Exhibit  15.— Recommendations  of  the  Governors  of  Connecticut,  1907-1911. 

[Governor  Woodruff’s  Message,  January,  1907,  pp.  5-7.] 

LOOSE  AND  INEFFECTIVE  LEGISLATION 

One  of  the  first  and  most  important  obligations  of  the  legislature  is  to 
sift  clean  all  of  the  proposed  measures  by  critical  analysis,  saving  what 
is  necessary  and  throwing  away  what  is  not  beneficial.  The  meaning 
of  every  measure  should  be  made  clear  before  it  is  presented  for  final 
action. 

***** 

In  1883  provision  was  made  by  law  for  the  appointment  of  a clerk 
of  bills  to  see  to  it  that  all  bills  for  public  acts  were  in  proper  form. 


226  Report  of  the  Librarian  of  Congress 

In  1895  his  duties  were  increased  and  his  salary  raised  to  $2,500. 
these  duties,  as  now  defined  by  section  37  of  the  General  Statutes, 
are  such  that  if  properly  discharged  by  a capable  man  possessing  the 
necessary  skill  and  experience  for  dealing  intelligently  with  forms  of 
legislation,  the  wording  of  every  public  statute  would  be  plain  and  its 
meaning  clear.  In  fact  such  has  not  always  been  the  result.  Instances 
have  occurred  in  which  the  courts  have  been  called  on  to  determine 
the  intent  of  the  legislature,  because  it  was  expressed  in  phrases  of 
uncertain  signification,  and  in  several  instances  litigation  has  been 
necessary  where  the  subject  of  the  law  and  the  interests  involved  were 
of  great  importance. 

* * * * * 

To  cover  all  this  loose  legislation  and  for  fear  that  there  may  have 
been  something  passed  which  was  not  in  proper  form  it  is  usual  at  the 
end  of  the  session  to  pass  an  act — a healing  act — which  by  its  beneficent 
effects  helps  out  the  case  and  operates  to  negative  a possible  blunder. 

But  I would  suggest  as  a remedy  for  such  conditions  that  the  position 
of  clerk  of  bills  and  perhaps  the  engrossing  clerk  be  made  a permanent 
position,  or  that  one  or  both  should  continue  in  office  during  good 
behavior.  I find  upon  investigation  that  this  plan  has  been  tried 
in  some  other  States,  more  especially  in  the  State  of  Wisconsin,  where 
the  office  of  legislative  librarian  was  created  with  a view  of  securing 
legislation  in  proper  form. 

I realize  that  great  care  should  be  taken  in  selecting  a man  to  fill 
such  a place.  He  must  be  a man  of  ability  and  honesty.  And  he 
should  not  be  removable  except  for  cause.  Wisconsin  has  made  herself 
distinguished  for  the  good  form  of  her  statute  laws.  That  State  has 
accumulated  much  valuable  material  for  the  information  of  her  legis- 
lators, arranged  in  a card  system  so  that  officials  in  charge  are  able  to 
respond  promptly  to  any  inquiry  for  information  on  a subject  likely 
to  come  before  the  general  assembly  or  the  executive  departments. 
Laws  of  other  States  and  countries  are  included  in  the  indices,  thus 
giving  a safe  guide  to  those  drawing  or  reporting  a new  statute  and 
enabling  them  to  follow  the  wording  of  one  that  has  stood  the  test  of 
time  and  use. 

LEGISLATIVE  PUBLICITY 

There  is  too  much  loose,  inefficient,  and  conflicting  legislation.  In 
my  opinion  it  would  be  a step  in  advance  if  provision  should  be  made 
so  that  all  bills  intended  for  presentation  to  the  general  assembly 
should  be  referred  first  to  a permanent  clerk  of  bills,  who  should  be 
an  able  lawyer  and  parliamentarian.  Were  such  a department,  with 
a capable  official  at  its  head,  available  for  the  members  of  the  legislature 
to  consult  with,  he  could  show  the  member  who  proposes  a new  law 
wherein  it  conflicts  with  existing  laws;  if  such  be  the  case,  and  he 
could  redraw  the  proposed  bill  if  it  contained  a flaw  and  could  also 
refer  in  connection  with  it  to  bills  in  other  States  on  the  same  subject 
matter. 

Moreover,  a permanent  clerk  of  bills  would  in  effect  constitute  a 
bureau  of  information  that  would  be  available  not  only  to  members 
of  the  legislature  but  to  all  the  people  of  the  State. 


Legislative  Reference  Bureaus  227 

THE  DRAFTING  OF  STATUTES 

Every  statute,  being  the  expression  of  an  act  of  command  by  a sov- 
ereign State,  ought  to  be  so  phrased  as  to  make  its  meaning  clear  and 
unmistakable. 

To  secure  this  there  was  created  in  1882  (Public  Acts,  p.  215)  the 
office  of  clerk  of  bills,  with  an  annual  salary  of  $500.  In  1895  (Public 
Acts,  p.  639)  his  salary  was  raised  to  $2,500  for  each  session  of  the 
assembly,  and  his  duties  are  particularly  and  plainly  specified  in 
our  general  statutes  (sec.  37).  If  those  duties  were  properly  performed 
by  a competent  lawyer  (and  only  a lawyer  would,  in  my  opinion,  be 
competent  to  perform  them),  questions  of  statutory  construction  or 
conflict  could  seldom  arise.  They  have  arisen  often  since  this  office 
was  created,  and  greatly  to  the  inconvenience  of  the  public.  To 
answer  them  is  often  difficult  and  throws  a heavy  burden  on  the  courts. 

The  compensation  of  the  clerk  of  bills  is  sufficient  to  make  the  place 
attractive  to  a competent  man.  It  would  be  still  more  attractive  if  a 
person  once  appointed  should  hold  during  good  behavior.  I concur 
in  the  recommendation  made  by  Gov.  Woodruff  in  his  inaugural  mes- 
sage four  years  ago,  and  by  Gov.  Lilley  in  his,  delivered  two  years 
ago,  that  the  term  of  office  be  thus  lengthened. 

I also  venture  to  call  the  attention  of  those  who  may  be  appointed 
upon  the  two  joint  committees,  on  the  judiciary  and  on  engrossed  bills, 
to  the  high  importance  of  so  exercising  their  power,  under  General 
Statutes,  section  122,  of  choosing  the  clerk  of  bills  as  to  give  to  the  State 
this  year  the  best  man  whom  they  can  get  to  accept  the  position.  A 
sort  of  custom  has  grown  up  by  which  of  late  it  has  been  commonly  filled 
by  appointing  the  clerk  of  the  preceding  senate,  who  in  turn  has  gen- 
erally been  the  clerk  of  the  house  in  a previous  general  assembly.  The 
qualifications  to  be  looked  for  in  one  acting  as  the  clerk  of  a legislative 
house  are  of  course  by  no  means  the  same  as  those  which  should  be  pos- 
sessed by  a clerk  of  bills.  The  same  man  may  have  them  in  equal 
degree,  but  it  would  be  unusual. 

The  State  has  confided  the  election  of  this  official  and  of  the  engross- 
ing clerk  to  the  same  body,  and  has  required  that  it  be  made  by  ballot, 
in  order  to  secure  individual  independence  of  action.  The  scheme  of 
selection  has  been  carefully  planned,  and  if  followed  in  the  spirit  in 
which  it  was  conceived  seems  calculated  to  result  in  a wise  choice. 


Exhibit  16  (Part  I). — Bill  Drafting  in  Great  Britain 

[Extract  from  “Legislative  Methods  and  Forms,”  by  Sir  Courtenay  Ilbert,  1901,  pp. 

84-95-1 

PARLIAMENTARY  COUNSEL’S  OFFICE 

***** 

The  office  was  constituted  by  a treasury  minute  dated  February  8, 
I 1869,  and  issued  when  Mr.  Gladstone  was  first  lord  of  the  treasury  and 
Mr.  Lowe  (afterwards  Lord  Sherbrooke)  was  chancellor  of  the  ex- 
chequer. Mr.  Thring  was  appointed  head  of  the  office,  with  the  title, 


228 


Report  of  the  Librarian  of  Congress 

revived  for  that  purpose,  of  parliamentary  counsel  to  the  treasury,  and 
was  given  a permanent  assistant,  and  a treasury  allowance  for  office 
expenses  and  for  such  outside  legal  assistance  as  he  might  require. 
The  whole  of  the  time  of  the  parliamentary  counsel  and  his  assistant 
was  to  be  given  to  the  public,  and  they  were  not  to  engage  in  private 
practice.  The  parliamentary  counsel  was  to  settle  all  such  depart- 
mental bills,  and  draw  all  such  other  Government  bills '(except  Scotch 
and  Irish  bills)  as  he  might  be  required  by  the  treasury  to  settle  and 
draw.  The  instructions  for  the  preparation  of  every  bill  were  to  be  in 
writing  and  sent  by  the  heads  of  the  departments  to  the  parliamentary 
counsel  through  the  treasury,  to  which  latter  department  he  was  to  be 
considered  responsible.  On  the  requisition  of  the  treasury  he  was  to 
advise  on  all  cases  arising  on  bills  or  acts  drawn  by  him,  and  to  report 
in  special  cases  referred  to  him  by  the  treasury  on  bills  brought  in  by 
private  members.  It  was  not  to  be  part  of  his  duty  to  ^rite  memoranda 
or  schemes  for  bills,  or  to  attend  parliamentary  committees,  unless 
under  instructions  from  the  treasury . 

* * * * * 

The  staff  of  the  parliamentary  counsel’s  office  still  remains  practically 
the  same  as  it  was  when  the  office  was  first  established  in  1869.  The 
permanent  staff  consists  of  the  parliamentary  counsel  and  the  assistant 
parliamentary  counsel,  with  three  shorthand  writers,  an  office  keeper, 
and  an  office  boy,  and  these  together  run  what  may  be  called  the  legis- 
lative workshop.  The  amount  allowed  for  payments  to  members  of 
the  bar,  working  under  the  direction  and  on  the  responsibility  of  the 
parliamentary  counsel,  is  usually  estimated  at  an  annual  sum  of  £1,500; 
but  this  amount  is  not  always  expended.  Of  the  barristers  employed, 
two  at  present  attend  regularly  at  the  office,  doing  such  work  as  may 
be  required  of  them.  But  their  attendance  is  purely  voluntary;  they 
are  under  no  permanent  engagement;  they  are  paid  by  fees  in  accord- 
ance with  the  amount  of  work  done  by  them,  and  they  have  their  own 
chambers  and  are  at  liberty  to  take,  and  do  take,  outside  work. 

***** 

Some  time  in  the  month  of  November  the  parliamentary  clerk  to  the 
treasury  usually  sends  round  a circular  to  the  other  departments,  re- 
questing them  to  inform  the  treasury  what  departmental  bills  are  likely 
to  be  required.  All  formal  instructions  for  Government  bills  are  sent 
by  the  treasury  to  the  parliamentary  counsel,  who  is  thus  placed  in  the 
position  of  being  draftsman  to  the  Government  and  not  to  any  particu- 
lar department. 

***** 

The  procedure  adopted  on  receipt  of  the  instructions  will  vary  ac- 
cording to  the  character  and  importance  of  the  measure.  There  will 
usually  be  a preliminary  conference  either  with  the  Minister  who  is  tc 
take  charge  of  the  bill,  or  with  the  permanent  head  of  his  department, 
or  with  both.  In  the  case  of  minor  departmental  measures,  the  instruc- 
tions first  received  may  suffice  for  the  immediate  preparation  of  a drafl 
much  in  the  form  in  which  it  will  be  submitted  to  Parliament  as  a bill 
In  the  case  of  more  important  and  elaborate  measures,  the  stage  of  ges 


Legislative . Reference  Bureaus 


229 


tation  is  naturally  longer.  It  is  often  necessary  to  prepare  memoranda 
stating  the  existing  law,  tracing  the  history  of  previous  legislative  enact- 
ments or  proposals,  or  raising  the  preliminary  questions  of  principle 
which  have  to  be  settled.  The  first  draft  may  take  the  form  of  a rough 
"sketch”  or  of  "heads  of  a bill.”  The  original  draft,  whether  in  the 
form  of  a bill  or  otherwise,  is  gradually  elaborated  after  repeated  con- 
ferences with  the  Minister,  and  with  those  whom  he  takes  into  his 
confidence. 

A measure  will  often  affect  more  than  one  of  the  Government  depart- 
ments, and  in  those  cases  the  departments  affected  will  have  to  be  con- 
sulted. The  responsibility  for  seeing  that  this  is  done  rests,  primarily, 
with  the  initiating  department;  but,  as  a matter  of  convenience,  the 
necessary  communications  are  often  made  by  the  draftsman.  In  par- 
ticular, the  attention  of  the  treasury  ought  to  be  directed  to  any  legis- 
lative proposal  involving  expenditure  of  public  money,  and  the  parlia- 
mentary counsel,  as  an  officer  of  the  treasury,  is  charged  with  the  re- 
sponsibility for  seeing  that  this  duty  is  not  overlooked.  When  there 
is  a conflict  between  the  views  of  different  departments  on  a subject  of 
legislation,  the  parliamentary  counsel,  from  his  neutral  position,  may 
aften  find  it  possible  to  suggest  a mode  of  harmonizing  them.  And  his 
general  responsibility  for  all  Government  bills  enables  him  to  guard 
against  the  risk  of  one  department  bringing  forward  proposals  incon- 
sistent with  those  brought  forward  by  another. 

When  the  draft  of  a bill  has  been  finally  or  approximately  settled,  it 
is  usually  circulated  to  all  the  members  of  the  cabinet  for  their  infor- 
mation before  introduction  into  Parliament,  and  the  parliamentary 
tounsel  supplies  the  executive  department  concerned  with  a sufficient 
number  of  copies  for  this  circulation. 

I * * *,  * * 

Of  course , however,  the  labors  of  the  draftsman  do  not  end  at  this 
stage.  The  publication  of  a bill  brings  suggestions  for  amendment, 
which  may  be  forwarded  by  the  minister  or  department  for  considera- 
tion. After  the  second  reading  these  suggestions  take  the  form  of 
amendments  on  the  notice  paper,  which  will  have  to  be  daily  scrutin- 
ized. In  anticipation  of  the  committee  stage,  the  draftsman  will  often 
find  it  prudent  to  prepare,  for  the  purpose  of  refreshing  his  own  memory, 
and  for  the  use  of  the  minister  in  charge,  notes  on  the  several  clauses, 
explaining  the  origin  and  object  of  the  proposals  which  they  embody, 
referring  to  the  precedents  on  which  reliance  can  be  placed  and  noting 
the  arguments  which  may  be  used  or  which  may  have  to  be  met.  As 
the  committee  stage  approaches,  and  when  it  has  been  reached,  the 
amendments  will  be  the  subject  of  discussion  with  the  minister,  and 
alterations  or  consequential  amendments  will  have  to  be  framed.  If 
the  bill  goes  to  a committee  of  the  whole  house  or  to  one  of  the  grand 
committees,  the  draftsman  may,  perhaps,  be  expected  to  attend  the 
debate  and  to  give  such  assistance  as  he  can  in  the  way  of  framing  or 
modifying  amendments  or  meeting  points. 

Where  a bill  is  much  amended  in  committee,  it  will  require  minute 
examination  after  the  committee  stage,  for  the  purpose  of  seeing 


230  Report  of  the  Librarian  of  Congress 

whether  there  are  any  errors  to  be  corrected,  inconsistencies  to  be 
removed,  or  consequential  alterations  to  be  made;  and  amendments 
will  have  to  be  framed  for  insertion  at  a later  stage.  Notes  will  also 
have  to  be  written  on  various  points;  and  the  literature  which  thus 
gathers  round  a bill  often  attains  to  formidable  dimensions.  When  a 
bill  of  great  importance  is  in  progress,  it  requires  the  constant  and  unre- 
mitting attention  of  the  parliamentary  counsel,  to  the  exclusion  of  all 
other  work. 

* * * * 

The  minute  of  1869  directed  that  the  parliamentary  counsel  should 
report  in  special  cases  referred  to  him  by  the  treasury  on  bills  brought 
in  by  private  members.  But  at  present,  except  in  the  case  of  such 
references,  the  parliamentary  counsel  is  in  no  way  responsible  for  the 
preparation  or  criticism  of  such  bills. 

* * * * * 

The  objects  aimed  at  by  Mr.  Lowe  when  he  established  the  parlia- 
mentary counsel’s  office  in  1869  appear  to  have  been  (1)  economy; 
(2)  better  control  over  Government  legislation  with  respect  both  to 
policy  and  to  finance;  and  (3)  improvement  of  the  form  of  statutes. 

All  these  objects  have  been  substantially  attained. 


Exhibit  16  (Part  2).— Bill  Drafting  in  British  Colonies 

in  1895  a series  of  questions  relating  to  statute  law  was,  at  the  instance 
of  the  Society  of  Comparative  Legislation,  London,  sent  by  the  British 
colonial  office  to  the  various  colonial  governments.  Among  these  ques- 
tions was  the  following: 

III.— METHODS  OF  LEGISLATION 

(a)  By  whom  are  drafts  of  legislative  measures  prepared?  Is  there 
any  official  draftsman  ? If  so,  by  whom  is  he  appointed,  to  whom  is  he 
responsible,  and  what  are  his  staff  and  duties?  Do  his  duties  extend 
to  measures  introduced  by  private  or  nonofficial  members  of  the  legis- 
lative body?  . . . 

The  replies  received  were  published  in  the  journal  of  the  Society  ol 
Comparative  Legislation,  volumes  1-2,  and  new  series,  volumes  1-2. 
Those  received  in  answer  to  this  particular  question  from  the  self- 
governing  colonies  are  as  follows: 

BRITISH  NORTH  AMERICA 

Dominion  of  Canada.- For  each  house  of  the  Canadian  Parliamen 
there  is  a law  clerk,  an  officer  whose  duties  include  those  of  a parlia 
mentary  counsel  as  well  as  those  of  a legislative  draftsman.  The  lav 
clerk  of  the  senate  is  appointed  by  that  body.  The  law  clerk  of  t < 
lower  house,  in  which  the  great  majority  of  measures  are  introduce! 
(10  out  of  1 2 of  the  ministers  usually  belonging  to  that  house),  is  also  lav 
clerk  of  the  Government,  and  formerly  (before  confederation)  held 
separate  appointment  as  such  from  the  Government.  He  is  appointed 


231 


Legislative  Reference  Bureaus 

by  Mr.  Speaker,  and  has  one  assistant.  The  preparation  of  measures 
for  private  members  is  not  part  of  the  law  clerk’s  duties. 

Newfoundland. — There  is  an  official  draftsman  called  the  law  clerk  of 
the  legislature,  appointed  by  and  responsible  to  the  governor  in  council. 
His  duties  are  to  draft  all  bills  introduced  into  both  branches,  including 
[those  introduced  by  private  members;  but  in  practice  measures  are 
frequently  drafted  by  private  members,  with  or  without  the  assistance 
of  the  law  clerk.  He  has  no  staff  or  assistants.  The  minister  of  justice 
has  a general  supervision  of  all  legislation,  and  particularly  of  Govern- 
ment measures. 

AUSTRALIA 

New  South  Wales. — i.  Drafts  of  legislative  measures  are  prepared  by 
the  members  of  Parliament  introducing  them,  or  by  some  persons  acting 
under  their  authority  or  by  their  direction. 

2.  There  are  two  official  draftsmen  named  “Parliamentary  drafts 
men.” 

; 3 . They  are  appointed  by  the  governor  with  the  advice  of  the  execu- 
tive  council. 

4.  They  are  in  the  department  of  the  attorney  general,  and  are  respon- 
sible to  him. 

5.  The  staff  are  the  two  draftsmen  and  an  assistant. 

6.  The  duties  of  the  draftsmen  are  (1)  the  preparation  of  bills  for  the 
ministers  of  the  Crown;  (2)  the  preparation  of  bills  for  private  members 
m the  request  of  the  attorney  general;  (3)  reporting  to  ministers  on  the 
introduction  of  any  bill  by  a private  member  and  on  its  passage  from 
the  legislative  assembly  to  the  legislative  council;  (4)  reporting  to  the 
ittomey  general  at  his  request  on  all  by-laws  and  regulations  of  public 
bodies  submitted  to  him  for  his  opinion  or  approval;  (5)  reporting  on 
my  special  matter  submitted  by  any  minister  to  the  parliamentary 
draftsman. 

7.  The  duties  of  parliamentary  draftsmen  extend,  as  above  men- 
tioned, to  measures  introduced  by  nonofficial  members  of  Parliament. 

Queensland. — Drafts  of  legislative  measures  are  prepared,  in  the  case 
}f  Government  measures,  under  the  direction  of  the  department  con- 
cerned, and  usually  by  a member  of  the  bar,  under  the  supervision,  if 
desired,  of  the  Crown  law  office.  Measures  introduced  by  private 
members  are  usually  prepared  under  their  own  direction,  aid  being 
riven  occasionally  from  the  Crown  law  office.  There  is  no  permanent 
parliamentary  draftsman. 

South  Australia. — Drafts  of  legislative  measures  are  prepared  (1)  by 
the  attorney  general;  (2)  by  some  member  of  the  legal  profession 
specially  selected  for  a particular  bill ; (3)  by  some  competent  official, 
though  not  a member  of  the  legal  profession,  who  has  special  knowledge, 
c.  g.,  the  clerk  of  the  parliaments,  the  principal  returning  officer  of  the 
Province,  the  military  commandant;  and  bills  of  supply  and  appropria- 
tion by  the  clerk  of  assembly;  (4)  public  bills  introduced  by  private 
members  are  drafted  by  themselves  or  by  whom  they  appoint. 

There  is  no  official  draftsman. 

1 005  5 °— 11 16 


232  Report  of  the  Librarian  of  Congress 

Victoria. — Measures  for  submission  to  Parliament  are  prepared  by  the 
parliamentary  draftsman  under  the  direction  of  ministers.  The  parlia- 
mentary draftsman  is  an  officer  of  the  public  service,  appointed  by  the 
governor  in  council,  and  attached  to  the  department  of  the  attorney 
general,  to  whom  he  is  directly  responsible.  His  duties  are  to  prepare 
all  Government  bills  and  draft  amendments  therein.  He  also;  when 
desired,  drafts  bills  for  private  members,  and  as  a general  rule  of  all 
such  bills,  by  whomsoever  drafted,  are  examined  by  him,  and,  when 
necessary,  specially  submitted  to  the  attorney  general  or  the  premier 
for  his  consideration. 

Western  Australia. — By  various  persons,  viz,  the  attorney  general,  a 
minister,  or  by  a private  member.  There  is  now  an  official  draftsman, 
appointed  by  the  governor  in  council,  on  the  recommendation  of  the 
attorney  general,  to  whom  he  is  responsible.  He  has  no  staff,  and  his 
duties  are  indeterminate.  They  do  not  extend  to  measures  introduced 
by  private  members. 


STATISTICS 
Exhibit  17 

Statistics  of  bills  and  joint  resolutions  introduced  in  Congress 


Fifty- 

sixth 

Congress 

Fifty- 

seventh 

Congress 

Fifty- 

eighth 

Congress 

Fifty- 

ninth 

Congress 

Sixtieth 

Congress 

Sixty- 

first 

Congress 

Senate  bills 

6,070 

7)447 

7>295 

8,627 

9)S4i 

10, 906 

Senate  joint  resolutions. 

166 

170 

116 

98 

140 

147 

House  bills 

14)339 

17)  560 

19, 209 

25)897 

28,440 

33,015 

House  joint  resolutions . . 

318 

283 

231 

257 

267 

295 

Total 

20, 893 

25,460 

26, 851 

34)879 

1 38,388 

1 44)363 

1 In  addition  to  the  above,  the  simple  and  concurrent  resolutions  introduced  in  the 
Senate  and  House  of  Representatives  numbered  in  the  Sixtieth  Congress  1,117  and  in 
the  Sixty-first  Congress  1,504. 


Statistics  of  laws  passed  by  Congress 


Fifty- 

sixth 

Congress 

Fifty- 

seventh 

Congress 

Fifty- 

eighth 

Congress 

Fifty- 

ninth 

Congress 

Sixtieth 

Congress 

Sixty- 

first 

Congress 

Public  acts 

383 

423 

502 

692 

350 

525 

Public  resolutions 

60 

57 

72 

83 

61 

69 

Total  public 

443 

480 

574 

775 

41 1 

594 

Private  acts 

1,504 

2,309 

2,799 

6, 248 

234 

285 

Private  resolutions 

1 

1 

1 

1 

1 

3 

Total 

1,948 

2,790 

3.374 

7,024 

646 

882 

Legislative  Reference  Bureaus  233 


Statistics  of  legislation,  1906-7  and  1907-8,  giving  number  of  laws  and 
resolutions  passed 


1906-7 

1907-8 

766 

92 

1 1 

496 

659 

13 

266 

782 

288 

298 

290 

293 

197 

270 

59 

300 

7 

296 

5 

444 

87 

78 

344 

693 

70^ 

726 

805 

790 

II 

483 

Mississippi 

296 

Missouri 

285 

Montana 

269 

Nebraska 

206 

Nevada 

299 

27 

New  Hampshire 

292 

New  Jersey 

298 

333 

New  Mexico 

118 

New  York 

772 

527 

North  Carolina  

I,  572 

215 

North  Dakota 

282 

Ohio 

318 

Oklahoma . . . 

235 

Oregon 

294 

19 

Pennsylvania 

741 

Rhode  Island 

227 

287 

South  Carolina 

230 

713 

South  Dakota 

251 

Tennessee 

667 

Texas 

250 

103 

Utah. 

177 

Vermont 

516 

Virginia 

404 

W ashington 

267 

West  Virginia 

119 

49 

Wisconsin . . . 

724 

Wyoming 

109 

United  States  Congress: 

Public 

30  5 

209 

Private 

2,676 

61 

234  Report  of  the  Librarian  of  Congress 

BILLS  INTRODUCED  IN  THE  SIXTY-FIRST  CONGRESS 
Exhibit  18 

A BILL  To  establish  a department  in  the  Congressional  Library  for  the  purpose  of 
gathering  and  indexing  statute-law  material  and  legal  material  of  a comparative 
nature  and  to  provide  for  draftsmen  for  congressional  measures  and  to  otherwise 
assist  and  aid  Members  of  Congress  and  public  officials. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there  is  hereby  created 
a separate  department  of  the  Congressional  Library  to  be  known  as 
the  Legislative  Division  of  the  Congressional  Library.  It  shall  have 
offices  in  the  Library  of  Congress. 

Sec.  2.  That  the  Librarian  of  the  Library  of  Congress  shall  appoint 
a responsible  chief  of  the  Legislative  Division  of  the  Congressional 
Library.  The  chief  shall  have  a thorough  training  and  a practical 
education  in  the  principles  of  government  and  experience  in  the 
general  field  of  political  science  and  in  the  drafting  of  statute  law. 
He  shall  have  a knowledge  of  comparative  law  and  governmental 
institutions  and  such  other  experience  and  training  as  to  fit  him 
thoroughly  for  the  duties  of  said  office.  He  shall  be  appointed  with- 
out reference  to  party  affiliations  and  shall  be  exempt  from  civil- 
service  examination  or  classification,  and  shall  hold  office  during  good 
behavior.  His  salary  shall  be  fixed  by  the  Librarian  of  Congress, 
with  the  advice  aiid  consent  of  the  President. 

Sec.  3.  That  the  chief  shall  have  authority  to  appoint  such  other 
secretaries,  technical  assistants,  and  investigators  and  draftsmen  as 
may  be  necessary.  He  shall  have  authority,  undeT  the  conditions 
hereinafter  specified,  to  employ  special  technical  assistants  outside 
the  classified  service  from  time  to  time  as  emergency  arises.  He 
shall  gather  technical  material  bearing  upon  legislation  in  such  a 
manner  that  the  President  and  the  different  departments  of  the  Gov- 
ernment and  Congress  will  have  ready  and  available  such  material, 
and  to  this  end  he  is  authorized  to  translate,  gather,  and  index  foreign 
data  and  matter  relating  to  legislation.  Other  departments  of  the 
Government  at  Washington  and  elsewhere  shall  render  all  reasonable 
assistance  to  the  Legislative  Division  of  the  Congressional  Library  in 
any  matters  of  research  connected  with  duties  of  said  department,  and 
public  records  shall  be  open  at  all  times  to  said  department. 

Sec.  4.  That  no  bill  shall  be  drafted  for  Members  of  either  House  by 
said  department  save  only  through  written  instructions  accompanied  by 
a rough  draft  or  rough  notes  of  the  provisions  desired  in  such  bill, 
signed  by  fifteen  Members  of  the  House  of  Representatives  or  by  five 
Members  of  the  Senate.  All  such  rough  drafts  and  instructions  shall 
be  kept  in  the  permanent  file  of  the  department  for  future  reference. 
No  rough  drafts  shall  be  made  public  save  upon  direction  from  the 
Members  requesting  said  drafts  until  the  bill  shall  have  been  printed 
by  Congress,  but  until  that  time  all  such  data  shall  be  considered  con- 
fidential. The  department  shall  not  draft  private,  local,  or  special 
bills,  or  bills  for  private  persons.  Bills  for  public  officials  shall  be 
drafted  only  on  written  directions  from  the  President. 


Legislative  Reference  Bureaus 


235 


Sec.  5.  That  special  research  may  be  made  on  direction  of  the 
President  or  on  the  direction  of  either  House  of  Congress.  Such 
special  research  may  be  made  through  the  regular  office  force  or  by 
special  technical  workers  employed  from  time  to  time  in  such  manner 
as  may  be  deemed  necessary  and  as  emergency  arises. 

Sec.  6.  That  the  Legislative  Division  of  the  Congressional  Library, 
in  the  research  carried  on  and  in  furnishing  assistance  in  the  formula- 
tion of  bills,  shall  not  furnish  arguments  for  or  against  any  line  of 
policy  or  bill  or  resolution,  but  shall  confine  itself  to  furnishing  tech- 
nical, documentary,  or  bibliographic  material  or  information,  and  to 
drafting  bills  according  to  the  directions  submitted. 

Sec.  7.  That  said  department  is  authorized,  in  addition  to  the  powers 
now  conferred  upon  the  Congressional  Library,  to  make  indexes  and 
summaries  of  laws,  cases,  and  legislative  matter  of  this  country  and  of 
the  States  thereof  and  of  foreign  countries  and  to  publish  the  same. 

Sec.  8.  That  there  is  hereby  appropriated  to  the  Library  of  Congress 
for  the  establishment  and  maintenance  of  the  Legislative  Division  of 
the  Congressional  Library  the  sum  of  one  hundred  and  fifty  thousand 
dollars  annually:  Provided,  That  in  case  of  emergency  or  in  case  of 
research  into  matters  of  legislation  or  administration  undertaken  upon 
the  order  of  the  President  or  of  Congress  an  additional  sum  sufficient  to 
carry  out  the  purposes  of  this  act  is  hereby  appropriated. 


' [Extract  from  the  Daily  Congressional  Record,  Mar.  3,  1911,  p.  4284.] 

A BIDE  To  create  a United  States  Legislative  Reference  Bureau,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a bureau  is  hereby 
created,  to  be  known  as  the  United  States  Legislative  Reference 
Bureau,  to  be  administered  by  a chief  appointed  by  the  President  of 
the  United  States. 

Sec.  2.  That  it  shall  be  the  business  of  this  bureau  to  locate,  cata- 
logue, and  index  all  material  in  various  Government  departments  in 
the  shape  of  bills,  laws,  debates,  departmental  research,  findings  of 
commissions,  consular  reports,  treatises  in  legal  brief  and  scholarly 
periodical,  and  so  forth,  touching  upon  problems  of  current  legisla- 
tion; to  gather,  catalogue,  and  index  such  further  material  pertaining 
to  legislative  experience  at  home  and  abroad  as  shall  seem  expedient; 
to  present  to  Congress  at  its  direction  a statement  of  the  material  in 
hand  on  the  subject  designated  and  a compilation  of  the  legislative 
and  administrative  experience  in  such  case;  to  provide  Members  of 
Congress,  at  their  request,  with  such  information  as  the  bureau  pos- 
sesses and  a bibliography  of  material  on  any  subject  desired;  to  aid  in 
every  possible  way  by  the  collection  of  information  and  the  service  of 
expert  advice  in  making  exact  more  careful  legislation. 

Mr.  Owen.  I offer  the  amendment  which  I send  to  the  desk. 

The  Vice  President.  The  amendment  proposed  by  the  Senator 
from  Oklahoma  will  be  stated. 


236  Report  of  the  Librarian  of  Congress 

The  Secretary.  On  page  225,  after  line  2,  it  is  proposed  to  insert: 
“ To  provide  a legislative  reference  bureau  as  a part  of  the  Congressional 
Library,  under  the  direction  of  the  Librarian  of  Congress,  $10,000.” 
The  amendment  was  agreed  to. 


A BILL  To  establish  a bureau  for  the  drafting  of  bills. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there  is  hereby  created  a 
bureau  to  draft  bills  as  hereinafter  provided. 

Sec.  2.  That  the  said  bureau  shall  be  under  the  direction  of  a chief 
draftsman,  who  shall  be  appointed  by  [?  the  "President  of  the  United 
States,”  (or)  the  "Chief  Justice  of  the  United  States,”  (or)  the  "Presi- 
dent of  the  Senate  and  the  Speaker  of  the  House  of  Representatives 
jointly  ”],  without  reference  to  party  affiliation  and  solely  on  the  ground 
of  fitness,  by  training  and  experience,  to  perform  the  duties  of  the 
office.  He  shall  receive  a salary  of  five  thousand  dollars  per  annum. 

Sec.  3.  That  there  shall  be  in  said  bureau  such  legal  and  clerical 
assistants  as  may  from  time  to  time  be  necessary.  They  shall  be 
appointed  by  the  chief  draftsman,  who  shall  consider  in  their  selection 
solely  fitness  for  the  work  to  be  done  and  shall  fix  the  compensation 
to  be  paid  to  each. 

Sec.  4.  Public  bills,  or  amendments  to  public  bills,  shall  be  drafted 
by  the  bureau,  under  the  direction  of  its  chief,  whenever  any  com- 
mittee of  either  House  of  Congress  or  five  Members  of  the  Senate  or  ten 
Members  of  the  House  of  Representatives  or  the  President  of  the  United 
States  shall  make  request  and  shall  furnish  to  the  chief  draftsman 
written  instructions  setting  forth  the  provisions  desired.  And  in  all 
cases  such  instructions  shall  be  considered  confidential  until  the  bill 
shall  have  been  presented  to  Congress. 

Sec.  5.  The  bureau  shall  not  draft  private  or  local  bills  or  bills  for 
private  persons. 

Sec.  6.  Estimates  of  the  appropriations  necessary  for  the  maintenance 
of  the  bureau  shall  be  submitted  annually  by  the  chief  draftsman  in 
connection  with  the  bill  making  appropriations  for  the  legislative, 
judicial,  and  executive  expenses  of  the  Government. 

Sec.  7.  The  chief  draftsman  shall  make  to  Congress  at  the  beginning 
of  each  regular  session  a report  for  the  preceding  fiscal  year  as  to  the 
affairs  of  the  bureau,  and  said  report  shall  also  include  a detailed  state- 
ment of  appropriations  and  expenditures. 

Sec.  8.  In  furtherance  of  the  work  of  the  bureau  and  otherwise  to 
promote  exact  legislation  the  Librarian  of  Congress  is  authorized  to 
employ  competent  persons  to  prepare  indexes  of  comparative  legisla- 
tion, digests  and  compilations  of  law,  and  legislative  reference  bulletins 
on  special  subjects,  and  to  provide  in  his  annual  estimates  for  the 
Library  for  the  compensation  of  such  persons,  for  the  acquisition  of 
material  required  for  their  work,  and  for  other  expenses  incidental 
thereto. 


Legislative  Reference  Bureaus  237 

[Provision  proposed  for  the  regular  legislative  appropriation,  etc.,  act,  in  accordance 
with  the  foregoing.] 

To  enable  the  Librarian  of  Congress  to  employ  competent  persons  to 
prepare  indexes  of  comparative  legislation,  digests  and  compilations  of 
law,  and  such  legislative  reference  bulletins  on  special  subjects  as  may 
further  the  work  of  the  bill-drafting  division  created  by  the  act  approved 

and  otherwise  promote  exact  legislation  by  the  acquisition  and 

supply  of  useful  data,  including  subscription  to  and  purchase  of  publi- 
cations and  other  necessary  material,  and  for  traveling  expenses, 
transportation,  stationery,  postage,  and  incidentals, dollars. 


A BILL  To  establish  a division  in  the  Library  of  Congress  for  the  drafting  of  bills. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there  is  hereby  created  a 
division  of  the  Library  of  Congress  to  draft  bills  as  hereinafter  provided. 

Sec.  2.  That  the  said  division  shall  be  under  the  direction  of  a chief 
draftsman,  who  shall  be  appointed  by  the  Librarian  of  Congress  without 
reference  to  party  affiliation  and  solely  on  the  ground  of  fitness,  by 
training  and  experience,  to  perform  the  duties  of  the  office.  He  shall 
receive  a salary  of  five  thousand  dollars  per  annum. 

Sec.  3.  That  there  shall  be  in  said  division  such  legal  and  clerical 
assistants  as  may  from  time  to  time  be  necessary.  They  shall  be 
appointed  by  the  Librarian  of  Congress,  who  shall  fix  the  compensation 
to  be  paid  to  each. 

Sec.  4.  Public  bills,  or  amendments  to  public  bills,  shall  be  drafted 
by  the  division,  under  the  direction  of  its  chief,  whenever  any  com- 
mittee of  either  House  of  Congress  or  five  Members  of  the  Senate  or  ten 
Members  of  the  House  of  Representatives  or  the  President  of  the  United 
States  shall  make  request  and  shall  furnish  to  the  chief  of  the  division 
written  instructions  setting  forth  the  provisions  desired..  And  in  all 
cases  such  instructions  shall  be  considered  confidential  until  the  bill 
shall  have  been  presented  to  Congress. 

Sec.  5.  The  division  shall  not  draft  private  or  local  bills  or  bills  for 
private  persons. 

Sec.  6.  Estimates  of  the  appropriations  necessary  for  the  main- 
tenance of  the  division,  and  for  any  additional  work  in  the  Library 
auxiliary  thereto,  shall  be  included  in  the  estimates  for  the  Library 
annually  submitted  by  the  Librarian  of  Congress. 


